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New York school Law 




INCLUDING 



The Consolidated School act, the university 

Law, the Decisions of Courts, and the 

Rulings and decisions of state 

Superintendents 



BY 



THOMAS E. FINEGAN, A. M. 

Attorney and Counselor-at-Law 



Prepared for the use of Normal Schools, Training Classes/ 
Teachers and School Officers 



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THE LIBRARY OF 
CONGRESS, 

T>*«5 Coptee Rechived 

JUL. 15 1902 

rvCOPVRIQHT ENTRY 

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COPY 8. 



Copyright 1902, 

BY 

Thomas E. Finegan. 



Albanx, 5^, ,Y.,; , 
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PREFACE 



In preparing this work the author has endeav- 
ored to arrange in systematic form the provisions 
of law relating to the public school system of the 
state. He has also endeavored to give as much 
on the historical development of the school sys- 
tem as might be pertinent in a work of this 
nature. His aim has been to express the pro- 
visions of law in the simplest manner possible, 
and to avoid all legal phraseology. He has 
written this after an experience of fifteen years 
in various fields of public school work and with 
an earnest desire to make it of the greatest possi- 
ble service to the teachers and school officers of 
the state. 

At the beginning of each chapter reference is 
given to the section or title of the consolidated 
school law on which the chapter is based. This 
reference governs the entire chapter unless other 
references are given at the end of a paragraph. 
The decisions of state superintendents are re- 
ferred to by number. These decisions are given 



iv NEW YORK SCHOOL LAW 

in full in the annual reports of the state superin- 
tendent. 

At the end of each chapter questions covering 
the text of the chapter will be found. These 
questions may help students in review work and 
in forming a more definite and accurate knowl- 
edge of the subject. 

THOMAS E. FINEGAN, 

Albany, N. Y. 



CONTENTS 



CHAPTER I 

Pa^es 

State Superintendent of Public Instruction... . 1-9 

CHAPTER II 

School Commissioners — Commissioner Districts, 10-31 

CHAPTER III 

Duties of Supervisors, Town Clerks, County 
Treasurers, District Attorneys, and County 
Judges in relation to school matters. 32-44 

CHAPTER IV 

School Districts — Origin, Formation, Altera- 
tions, Dissolution, etc 45-60 

CHAPTER V 
Meetings in Common School Districts 61-72 

CHAPTER VI 
Common School District Officers — Trustees. . . 73-88 

CHAPTER VII 

Common School District Officers (continued) — 

Trustees, Powers and Duties 89-101 



vi NEW YORK SCHOOL LAW 

CHAPTER VIII 

Pages 

Common School District Officers (continued) — 

Clerk, Collector, Treasurer, Librarian 102-112 

CHAPTER IX 
Union Free School Districts — Organization, Etc., 1 13-123 

CHAPTER X 
Meetings in Union Free School Districts 124-132 

CHAPTER XI 
Union Free School District Officers 133-148 

CHAPTER XII 
Board of Education — Powers and Duties 149-168 

CHAPTER XIII 

Voters at School District Meetings — Qualifica- 
tions, Challenges, etc 169-174 

CHAPTER XIV 
Sites and School Buildings. 175-188 

CHAPTER XV 
Assessment and Collection of District Taxes. . . 189-207 

CHAPTER XVI 
State School Moneys . . . ^ 208-227 



CONTENTS vil 

CHAPTER XVII 

Pages 

State School Moneys (continued) — Apportion- 
ment by School Commissioners 228-234 

CHAPTER XVIII 
Compulsory Education Law 235-247 

CHAPTER XIX 
School and Public Libraries 248-253 

CHAPTER XX 

Courses of Study, Subjects Included, Etc., 

Physiology and Hygiene 254-267 

CHAPTER XXI 

Text-books, Code of Public Instruction, Arbor 

Day, Flag Law 268-276 

CHAPTER XXII 

Schools for Colored Children, Orphan Schools, 
Indian Schools, Deaf and Dumb and Blind 
Institutions 277-287 

CHAPTER XXIII 
Normal Schools 288-298 

CHAPTER XXIV 

Teachers' Institutes, Training Classes, State 

Scholarships in Cornell University 299-320 



viii NEW YORK SCHOOL LAW 

CHAPTER XXV 

Pages 

Teachers' Qualifications, Certificates, Contracts, 
Powers and Duties — Pupils — Rights and 
Privileges 321-360 

CHAPTER XXVI 
University of the State of New York 361-374 

CHAPTER XXVn 

Appeals to the State Superintendent of Public 

Instruction S75~3^4 



NEW YORK SCHOOL LAW 



CHAPTER I 

STATE SUPERINTENDENT OF PUBLIC INSTRUCTION 

[See Title I] 

Historical Sketch. — The first State supervisory 
school officer in this State was known as " Super- 
intendent of Common Schools. ' ' The office was 
created by the act of June 19, 18 12, entitled ** An 
Act for the Establishment of Common Schools. ' * 
This act provided for his selection by the ' * Coun- 
cil of Appointment. ' ' 

This office was abolished April 3, 1821, and its 
duties were transferred by the same act to the Sec- 
retary of State, who served as superintendent of 
common schools ex officio until April 8, 1854, 
when the first State Superintendent of Public In- 
struction assumed the duties of his office. The 
act establishing this office was passed March 30, 
1854, and is chapter 97 of the Laws of that year. 
The office was continued by the Consolidated 
School Law of 1894. It will thus be observed 
that the administration of public-school work 
has been in the hands of three State officials, as 



2 NEW YORK SCHOOL LAW 

follows: From January 14, 181 3 to April 3, 1821, 
the " superintendent of common schools; " from 
April 3, 1 82 1 to April 8, 1854, the Secretary 
of State, who was ex-officio " superintendent of 
common schools; " and from April 8, 1854 to the 
present time, the State Superintendent of Pub- 
lic Instruction. 

Mode of Election. — The Superintendent is 
elected by joint ballot of the senate and assem- 
bly, the votes of a majority of those present and 
voting being necessary to elect. 

Date of Election. — The election of a State 
Superintendent of Public Instruction must occur 
on the second Wednesday of February immedi- 
ately preceding the expiration of the term for 
which a superintendent has been elected. 

Salary. — The salary of the Superintendent is 
$5,000 a year, and is payable monthly by the State 
Treasurer on the warrant of the Comptroller. 

Vacancy. — If a vacancy occurs in the office of 
superintendent, the duties of such officer devolve 
upon the deputy superintendent. If the office of 
superintendent and that of deputy superintendent 
are each vacant, it is the duty of the Governor 
to appoint some person to perform the duties of 
superintendent until such officer shall be elected 
by the legislature as provided by law. 



SUPERINTENDENT OF PUBLIC INSTRUCTION 3 

The law provides that when a vacancy occurs 
in the office of superintendent the legislature 
shall elect a superintendent on the second Wed- 
nesday in February following the date on which 
such vacancy occurred. It also provides that the 
term of office of a superintendent shall begin on 
the 7th day of April. A deputy superintendent, 
therefore, who succeeds to the office of State 
superintendent, or a person appointed to such 
office by the Governor, may serve in such capacity 
until the /th day of April following the second 
Wednesday in February which occurs next after 
the date on which such vacancy took place. 

Eligibility.— To be eligible to the office of State 
Superintendent of Public Instruction a person 
must be at least twenty-one years of age, a citi- 
zen of the United States, and a resident of New 
York State. (See Sec. 3, Public Officers Law.) 

Powers and Duties.— The powers and duties 
of the State Superintendent of Public Instruction 
are so numerous that it is not practicable to con- 
sider them, except in a general way. For the 
specific duties of the superintendent in relation 
to any branch of work the chapter on such work 
should be consulted. The duties of a superin- 
tendent are executive and judical. His more 
important powers and duties are as follows: 



4 NEW YORK SCHOOL LAW 

General Supervision. — He has general supervi- 
sion over all the public schools, normal schools, 
teachers' institutes, and teachers' training classes 
in the State. 

Indian Education — He is charged with the 
duty of providing for the education of the Indian 
children in the State, and is directed to apportion 
an equitable amount of public money to Indian 
schools. 

Deaf and Dumb and Blind Institutions. — He 
also has supervision over all institutions in the 
State for the instruction of the deaf and dumb 
and blind, and is required to report annually to 
the State legislature in relation thereto. He also 
appoints State pupils qualified under the law to 
all these institutions excepting the Institution for 
the Blind in Batavia. 

Trustee, etc. — He is ex officio a trustee of Cor- 
nell University, and upon the results of competi- 
tive examinations appoints annually 150 State 
scholars to that institution, who are entitled to 
free tuition. He is also a trustee of the New 
York State Asylum for Idiots and of the Syra- 
cuse Institution for Feeble Minded Children. 

American Museum of Natural History. — He is 
also authorized to contract with the American 
Museum of Natural History of New York city for 



SUPERINTENDENT OF PUBLIC INSTRUCTION 5 

free lectures for the teachers of the State in 
teachers' institutes, normal schools, etc. 

Regent. — He is ex officio a Regent of the Uni- 
versity of the State of New York. 

Appoint Persons to Visit Schools. — He may ap- 
point persons to visit and examine any or all 
common schools in the county in which such per- 
sons reside, although this is a power seldom, if 
ever, exercised. School Commissioners now 
perform this work. 

Visitation of Schools. — He may also visit the 
public schools of the State and inquire into their 
course of instruction, their management, disci- 
pline, etc., and offer such suggestions and en- 
couragement to pupils, teachers, and school 
officers as he may deem advisable. 

Annual Reports. — He is to report annually to the 
State legislature " the condition of the common 
schools in the State and of all other schools and 
institutions under his supervision and subject to 
his visitation," and to include in such report 
those recommendations upon school work, which, 
in his opinion, will promote the advancement of 
the public-school system. 

Supervision of Examination and Certification of 
Teachers. — He is to prescribe the regulations un- 
der which commissioners may issue teachers' cer- 



6 NEW YORK SCHOOL LAW 

tificates; to issue life State certificates to those 
who have passed the examination required by 
law; to issue college graduates' certificates to 
those who meet the requirements for such certi- 
ficates ; to endorse under such regulations as he 
may adopt State certificates and normal-school 
diplomas issued in other States; and to issue 
temporary licenses for a period not to exceed 
six months for any school commissioner district 
or any school district in the State. 

Revocation of Certificates. — For sufficient cause, 
he may revoke any State normal-school diploma. 
State certificate, college-graduates' certificate, or 
school commissioners' certificate, issued in this 
State. He may also revoke the indorsement of 
any normal-school diploma or State certificate 
issued in another State, but endorsed by a super- 
intendent of this State. 

Prepare List of Normal Graduates. — He is re- 
quired under law to keep in his office an alpha- 
betical list of all persons who receive normal- 
school diplomas from the normal schools of the 
State. 

Remove School Officers. — He may, for valid 
reasons, remove from office any school commis- 
sioner, trustee, or other school officer. He may 
also withhold the salary of a school commissioner, 



SUPERINTENDENT OF PUBLIC INSTRUCTION / 

and may remit it at his pleasure. He may appoint 
a school commissioner in case of a vacancy in that 
office when there is no county judge in the county 
in which such vacancy exists to make the ap- 
pointment. 

Administer Affidavits. — He may take affidavits 
and administer oaths in any matter relative to 
school affairs. 

Prepare Registers, Blanks, etc. — He is charged 
with the duty of preparing such registers, blanks, 
forms, regulations, etc., as may be needed in 
transacting all business relating to the public- 
school system. 

Enforcement of Compulsory Education Law. — He 
is also charged with the duty of enforcing the 
provisions of the compulsory-attendance act. 

Arbor Day. — He has authority to provide for 
the proper observance of Arbor Day and Flag 
Day by the public schools of the State. 

Apportionment of School Moneys. — He must ap- 
portion as directed by law the State school mon- 
eys, and may withhold for just cause part or all 
of the money due any school district in the State. 

Decide Appeals. — He must hear and decide all 
cases of appeal, when properly brought before 
him by aggrieved parties, from the action of 
school officers or school meetings. 



8 NEW YORK SCHOOL LAW 

Issue Stays, Orders, etc. — He may, upon applica- 
tion in due form, issue an order restraining school 
officers from performing any of the duties con- 
ferred upon them. He may also issue orders 
directing school officers to perform any of their 
duties which they may have refused to perform. 

School Libraries — He has general supervision 
of all the school district libraries in the State, and 
approves the books which are purchased with 
public money to be placed in such libraries. He 
also apportions library money to school districts 
as directed by law. 

Hold Property in Trust. — He may hold in 
trust for the benefit of the common schools of 
the State, or for the schools of any portion of the 
State, real or personal estate which may be 
granted in any manner for such purpose. He 
also has supervision of any trust fund held 
by trustees for school purposes, and must re- 
quire them to report regarding its condition and 
income at such times and in such form as he 
deems advisable. (Title 2, article 3.) 

Normal Schools. — He appoints local boards of 
normal schools, appoints pupils to such schools 
and determines the requirements for admission. 
He determines the number of teachers to be em- 
ployed in such schools, and approves their ap- 
pointment and the amount of their salary. 



SUPERINTENDENT OF PUBLIC INSTRUCTION 9 

May Appoint Teachers and Open Schools in a City 
or School District. — When the local authorities of 
any city or school district neglect or refuse to 
appoint teachers, janitors, etc., and also neg- 
lect or refuse to open the schools of a city or 
school district the State Superintendent of Pub- 
lic Instruction may appoint such teacher^, jani- 
tors, etc., and open and manage such schools. 
October 4, 1897, State Superintendent Skinner 
exercised this power in the city of Watervliet 
and his action was sustained by the supreme 
court. (For a full discussion of this power see 
pages II 8- 1 25, vol. i, Annual Report of State 
Superintendent o± Public Instruction for 1897.) 

REVIEW QUESTIONS 

What was the title of the office of the first State supervisory 
school officer ? When was the office created? How was such 
oflScer chosen ? When was the office abolished ? To whom were 
the duties of the office then transferred? For what period did 
such officer act in this capacity ? When did the first State Super- 
intendent of Public Instruction assume the duties of his office? 
How is such officer elected? When ? What is the salary of the 
State Superintendent? When and how paid? If a vacancy 
occurs in the office, who performs the duties ? If the offices of 
superintendent and deputy are both vacant, what action is 
taken ? When a deputy succeeds to the office of State Superin- 
tendent or the Governor appoints some person to fill a vacancy, 
for what period does such person serve ? Who are eligible to 
the office? What is the two- fold character of the duties of the 
State Superintendent? What are his general duties ? What is his 
duty in relation to Indian schools? Deaf and dumb and blind 
institutions ? Cornell University ? American Museum of Natural 
History? State University? Visitations of schools, etc.? 
Annual reports? Examination and licensing of teachers? Re- 
voking certificates? Lists of normal school graduates? Re- 
moving school officers? Administering affidavits? Preparing 
registers, blanks, etc.? Enforcing the compulsory attendance 
law? Arbor day? Apportionment of school moneys? Appeals, 
stays, orders, etc.? School libraries? Holding property in 
trust? Normal school boards? When may the State Superin- 
tendent appoint a school commissioner? Under what con- 
ditions may State Superintendent appoint teachers, etc. 



CHAPTER II 

SCHOOL COMMISSIONERS — COMMISSIONER DIS- 
TRICTS 

[See Title V] 

Origin. — The office of school commissioner was 
created by chapter 179 of the Laws of 1856. 
Under the terms of this act the first persons 
chosen for this office were appointed by the 
boards of supervisors of each county. 

In 1 841 the office of Deputy Superintendent of 
Common Schools was created by the State legis- 
lature. Each county was entitled to one deputy, 
and counties having more than 200 schools were 
entitled to two deputies. These officers were 
appointed by boards of supervisors for their re- 
spective counties, and the term of office was two 
years. Their duties were to visit and inspect 
the schools under their jurisdiction, and to ex- 
amine and license the teachers employed therein. 

In 1843 t^s title of these officers was changed 
to County Superintendent of Common Schools, 
and increased powers were given them. The 
right to hear appeals was given to county super- 
intendents in that year, and all appeals were 
brought before these officers for determination 



SCHOOL COMMISSIONER II 

before they could be taken to the State Superin- 
tendent of Common Schools. These officials 
were entitled to two dollars per day for each day 
necessarily devoted to their work, but they could 
not receive an amount to exceed five hundred 
dollars per year. In 1847 the State legisla- 
ture abolished this office. 

The act of 1795 creating the school system of 
the State provided that the electors of each town 
should elect at their annual town meetings, from 
three to seven commissioners of schools. These 
officers had supervision of the schools under their 
jurisdiction, and the distribution of State money 
appropriated for the support of schools. During 
the first year after the passage of this act, the 
supervisor, the town clerk, and the assessors of 
each town performed the duties of commissioners 
of schools. These commissioners received no 
compensation for their services. 

In 1812 the number of town commissioners was 
fixed at three for each town by the State legis- 
lature. These officers were to be chosen as 
before by the people at annual town meetings, 
and were to receive a salary fixed by the people 
at the annual town meetings. To them were 
given the superintendence and management of 
schools, and they were authorized to divide 



12 NEW YORK SCHOOL LAW 

the towns into school districts. The same act 
provided that the people should select at the 
annual town meeting, a number of persons, 
not to exceed six, who, with the commis- 
sioners, should be inspectors, and these inspectors 
were required to inspect schools and to examine 
and license teachers. This plan continued until 
1 84 1, when the number of town inspectors was 
fixed at two. 

In 1843 the offices of town commissioners and 
town inspectors were abolished by the State 
legislature, and a new officer known as the 
Town Superintendent of Common Schools was 
created. These superintendents were elected by 
the people at the annual town meetings. Their 
term of office was one year, and they received a 
salary of one dollar and twenty-five cents per day 
for actual time necessarily devoted to their 
work. To these officers were given the general 
supervision of schools, and the other duties 
which had been exercised by town commissioners 
and inspectors. Upon the abolishment of county 
superintendents in 1847, the duties of town 
superintendents were largely increased, and the 
duties of these officers from that year until 1856 
were quite similar to the duties at present de- 
volving upon school commissioners. Upon the 



SCHOOL COMMISSIONER 13 

creation of the office of school commissioner 
in 1856, the office of town superintendent was 
abolished. 

Eligibility. —No standard of educational quali- 
fications has ever been required for the office of 
school commissioner. The only requirement for 
a person to be eligible to hold this office is that 
such person must be a citizen of the United 
States, at least twenty-one years of age, and a 
resident of the county in which the school com- 
missioner district is located. 

* In a county having two or more school com- 
missioner districts the school commissioners of 
such districts need not reside in the school com- 
missioner districts for which they are respectively 
chosen, but may reside in any part of the county 
and all might reside in the same school commis- 
sioner district. 

Eligibility of Women.— Chapter 9 of the Laws 
of 1 880 renders women eligible to this office. The 

* Section 3 of the " Public Officers Law " of 1892 provides that 
all public officers must be residents of the political divisions for 
which they are elected; but as the Consolidated School Law was 
enacted in 1894 and makes special provision relative to the resi- 
dence of school commissioners and as such law was enacted sub- 
sequent to the " Public Officers Law," it must be held that the 
provisions of the Consolidated School Law in relation to the resi- 
dence of a school commissioner takes precedence over the provi- 
sions of the "Public Officers Law " in relation to the residence of 
public officers, and that a school commissioner may, therefore, 
reside in any part of the county in which the school commissioner 
district is located. 



14 NEW YORK SCHOOL LAW 

Revised Consolidated School Law of 1894 con- 
tains this provision of the act of 1880. Women 
are therefore eligible to hold the office. 

Prohibitions.— No school commissioner is eli- 
gible to hold the office of supervisor or town 
clerk, or trustee of a school district ; nor can any 
commissioner be engaged in publishing school 
books, maps, or charts, or in the manufacture or 
sale of such books, maps, or charts, or of any 
school apparatus or school furniture ; and a com- 
missioner is debarred from acting as the agent or 
representative of a publisher, manufacturer, or 
dealer in any of the aforesaid articles. A viola- 
tion of this provision is a misdemeanor. A' com- 
missioner is also subject to removal from office. 

The State Superintendent has held that it is in- 
compatible with the duties of a commissioner for 
such officer to engage in teaching while holding 
such office. 

Election. — The consolidated school law pro- 
vides that each school commissioner shall be 
elected by the electors of the school commissioner 
district for which such commissioner is chosen. 

Two important questions arise under this heading: 

* 

1. Are the electors of cities entitled to vote for 

school commissioners ? 

2. Are womnn entitled to vote for school com- 
missioners ? 



SCHOOL COMMISSIONER I 5 

(i) It is often claimed that the electors of a city 
which is contiguous to or surrounded by the ter- 
ritory of a school-commissioner district are en- 
titled to vote for the school commissioner in such 
district. This is not the case. The Revised Con- 
solidated School Law of 1894 provides that no city 
shall form a part of any school commissioner dis- 
trict, and it also provides, as above stated, that a 
school commissioner shall be elected by the 
electors of the school commissioner district for which 
such commissioner is chosen. It is, therefore, clear 
that the electors of cities are not entitled to par- 
ticipate in the election of these officers. This is 
in conformity to the general law of the State; 
but there are two exceptions to this law. Special 
acts have been enacted by the State legislature 
conferring upon the electors of the cities of 
Johnstown and Gloversville the right to vote 
for school commissioner in the county of Fulton. 

(2) A school commissioner is an officer chosen 
at a general election in this State, and the State 
Constitution provides that the right of suffrage at 
these elections shall be restricted to male citizens. 
The Court of Appeals of this State decided that 
a law to give women the right to vote for this 
office was unconstitutional. 

In 1892 the State legislature enacted a law 



l6 NEW YORK SCHOOL LAW 

extending the right of suffrage to women in the 
election of school commissioners. This act pro- 
vided that persons entitled to vote for school 
commissioners should be registered as provided 
by law, in the same manner as those who were 
entitled to vote for county officers. 

A test case on the constitutionalty of this law 
arose in Onondaga county. Acting under the 
authority of this law, Mrs. Matilda J. Gage regis- 
tered in the third election district in the town of 
Manlius, October 23d, 1893. The board of in- 
spectors were requested to Ttmo\ e her name 
from the registry, but refused to-do so. An ap- 
plication was then made to 1 ju&ti^ ^ of the Su- 
preme Court for an order to strike her name 
from the registry on the sole ground that she 
was not a qualified voter, by reason of her sex. 
The application was granted upon the ground 
that the law conferring upon women the right to 
vote for school commissioners was unconstitu- 
tional. The inspectors obeyed the order of the 
court, and the name of Mrs. Gage was stricken 
from the registry. An appeal was then taken by 
Mrs Gage to the General Term of the Fourth 
Judicial Department, which affirmed the action 
of the lower court in issuing such order. An 
appeal was then taken by Mrs. Gage from the 



SCHOOL COMMISSIONER 1/ 

action of the General Term to the Court of Ap- 
peals, and on January i6th, 1894, the Court of 
Appeals affirmed the action of the lower courts. 
The opinion of this court was written by Justice 
Finch and concurred in by all members of the 
court. The ground on which the court based its 
decision was that section i , article 2 of the State 
Constitution provides that none but male citizens 
are entitled to vote for constitutional officers 
elected by the people ; that the office of school 
commissioner is a constitutional office, and that 
the law in qilestion conferring upon women the 
right to vot^- for school commissioner was a 
direct contr^^'^entiotf of the State Constitution. 

It will, therefore, be necessary to amend the 
Constitution in order to give women the right to 
vote for the office of School Commissioner. (See 
141 N. Y. 112.) 

Term of Office.— The term of office of school 
commissioners commences on the first day of 
January next succeeding their election, and is for 
three years. The last election of commissioners 
occurred at the general election in November, 
1899, and those elected at that time assumed 
their duties of office on January i, 1900. 

Oath of Office.— All persons elected or ap- 
pointed to this office are required to take the oath 



1 8 NEW YORK SCHOOL LAW 

of office prescribed by the State Constitution. This 
oath must be taken before the county clerk or 
any person authorized to take, within the State, 
the acknowledgment of a deed of real property, 
and it must be filed in the office of the county 
clerk of the county within which the school com- 
missioner district is located, before the com- 
mencement of a commissioner's term of office^ 
or within fifteen days thereafter. For a failure 
to take and file this oath the office shall be 
deemed vacant. (Sec. 20 Public Officers Law.) 

Vacancies.—This office may be vacated (i) by 
the commissioner's filing his or her resignation 
with the county clerk ; (2) by the commissioner's 
removing from the county, or upon the commis- 
sioner's death; (3) by the commissioner's accept- 
ing the office of supervisor or town clerk or 
trustee of a school district; (4) by the commis- 
sioner's failure to file with the county clerk the 
required oath of office; (5) by the commissioner's 
removal from office by the State Superintendent 
of Public Intsruction. 

Filling Vacancy. — As soon as the county clerk 
has official or other notice of a vacancy in this 
office he should notify the county judge of such 
vacancy, or if that office is vacant, he should 
notify the State Superintendent of Public In- 



SCHOOL COMMISSIONER I9 

struction. The county judge should then appoint 
a commissioner to fill such vacancy ; but if there 
should be no county judge, then the State Super- 
intendent of Public Instruction should fill such 
vacancy by appointment. The person appointed 
to such vacancy may hold office until the first day 
of January next succeeding the first general elec- 
tion occurring after such appointment and until 
his successor, who shall be chosen at such election, 
shall have qualified. The person thus elected 
may serve for the unexpired portion of the term 
for which the person was chosen who vacated the 
office. 

If a person elected to the office of school com- 
missioner dies between the date of the election 
on which he was elected and the first day of 
January following, the date provided by law on 
which school commissioners shall enter upon the 
discharge of the duties of their office, and such 
person failed to take the required oath of office 
before his or her death, the vacancy caused 
thereby may, after the time precribed by law on 
which an oath of office must be filed, be filled by 
appointment by the county judge of the county 
in which the school commissioner district for 
which such person was elected is located. 

In a case of this kind under the provisions of 



20 NEW YORK SCHOOL LAW 

section 4 of article i of ''The Election Law of 
1896," the governor may appoint a special elec- 
tion in a commissioner district for the election of 
a school commissioner. The governor need not, 
however, exercise this power. If he does not, 
the expense and trouble of a special election 
are avoided, and a vacancy is permitted to occur 
"by failure to file the required oath of office. 
In such a case the county judge may fill the 
vacancy by appointment. 

Under the provisions of the "Election Law" 
above referred to, when a person elected to the 
office of school commissioner dies or becomes 
disqualified between the date of the election on 
which he was chosen and the first day of Janu- 
ary following, and such person had taken the re- 
quired oath of office previous to his or her death, 
the only way by which such vacancy can be 
filled is by special election. This special election 
must be appointed by the governor as required 
by law. (See section 4, article i, The Election 
Law of 1896.) 

Salary. — Each commissioner receives from the 
State an annual salary of $1,000. Boards of su- 
pervisors are directed by law to audit and allow 
each commissioner within the county annually 
not less than $200 for expenses. This makes 



SCHOOL COMiMISSIONER 21 

the salary of every commissioner in the State 
at least $1,200 per year. 

The supervisors of the towns forming a com- 
missioner district have the power to increase the 
salary of any commissioner within their respec- 
tive counties. Where the salary is thus increased, 
such increase must be levied and assessed upon 
the towns comprising the school commissioner 
district for which the increased salary is voted. 
This action has been taken in several counties 
and the salary fixed at $1,400, $1,500 and $i,8oo. 
The writer knows of no larger amount's being 
paid. In a large majority of the districts the 
amount fixed by statute, $1,200, is the salary. 
The salary paid since the creation of this office 
has been as follows: From 1856 to 1867, $500; 
from 1867 to 1885, $800; from 1885 to the present 
time (1902) $1,000. Boards of supervisors were 
directed in 1875 to appropriate $200 for expenses, 
and this amount has, since that date, been added 
to the amount stated above. 

Forfeiture of Salary. — The State Superintend- 
ent of Public Instruction may withhold his order 
for the payment of the whole or any part of the 
salary of a commissioner when he is satisfied 
that such commissioner is guilty of persistent 
neglect of duty to the extent of demanding such 



22 NEW YORK SCHOOL LAW 

punishment. The superintendent may, at his 
discretion, afterward remit to such commissioner 
the whole or part of such forfeiture. 

Removal from Office.— The State Superintend- 
ent of Public Instruction may remove from office 
any school commissioner who is guilty of wilful 
violation of law or neglect of duty or who wil- 
fully disobeys any order, decision, or regulation 
made by him. (See Prohibitions, page 14.) 

Performing Duties of Another Commissioner. — 

A commissioner, when requested in writing by a 
commissioner of an adjoining district, may per- 
form any of the official duties of the commis- 
sioner of such adjoining district. Upon an order 
from the State Superintendent of Public Instruc- 
tion, he must perform such duties. 

Powers and Duties. — A school commissioner is 
the supervisory school officer for his or her school 
commissioner district. (For the specific duties of 
a school commissioner in relation to any branch 
of school work, consult the chapter on such sub- 
ject.) The more important powers and duties of 
this officer are as follows : 

Supervision. — One of the most important du- 
ties of a commissioner is that of supervision. 
He is required by law to visit and examine all 
the schools and school districts m his jurisdiction. 



SCHOOL COMMISSIONER 23 

It is his duty to advise teachers in relation to 
their methods of teaching and the management 
and discipline of their schools. He is charged 
with recommending to teachers and trustees 
courses of study and such changes in the general 
management of schools as will best promote edu- 
cational interests. He should see that the grounds 
and outbuildings are in proper condition, and that 
the school is equipped as required by law to per- 
form the best work possible. 

Establish District Boundaries.— V^hon the records 
of school districts are defective and not properly 
filed in the offices of town clerks, or when the 
boundaries of school districts are indefinite or in 
dispute, it is the duty of the school commissioner 
having jurisdiction, to establish such boundaries 
and to see that proper records thereof are filed 
in the town clerk's office. In order to do this, a 
commissioner may employ surveyors to establish 
lines, prepare maps, etc., and any expense neces- 
sary for this purpose is a charge upon the dis- 
trict or districts affected. 

May Order Repairs.— '^h.Qn, in the opinion of 
a commissioner, it is necessary for the health or 
comfort of pupils to make repairs or alterations 
on a school-house or outbuildings, he may direct 
the trustees of the district to make such repairs 



24 NEW YORK SCHOOL LAW 

or alterations at an expense not to exceed $200. 
The district, however, may vote an additional 
amount. 

May Order Furniture Supplied, — When, in the 
opinion of a commissioner, the furniture in a 
school-room is unfit for use and not worth repair- 
ing, or when the supply is insufficient, he may 
direct the trustees of such district to provide new 
furniture at an expense not to exceed $100. 

Order Nuisance Abated. — A commissioner may 
also direct the trustees of any school district to 
abate any nuisance in or upon the premises of 
their district when the expense of the same shall 
not exceed $25. 

May Condemn School Building. — A commissioner 
has the authority, when in his opinion a school- 
house is unfit for use and not worth repairing, 
to issue an order to the trustees condemning 
such school building, and to direct in such order 
the amount necessary, in his judgment, to erect 
a building suitable for the needs of the district. 
Previous to 1897 a commissioner could not exceed 
$800 in his estimate of the amount necessary for 
the erection of a building. The legislature of 
that year amended the law by removing this 
limit an4 leaving the amount to the discretion 
of the commissioner. 



SCHOOL COMMISSIONER 2$ 

Examine and License Teachers. — It is the duty 
of commissioners to conduct examinations for 
teachers' certificates, under such rules and regu- 
lations as shall be prescribed by the State vSuper- 
intendent of Public Instruction, and to license 
those who are found to be qualified under such 
regulations. 

Revocation of Certificates. — A school commis- 
sioner may annul a commissioner's certificate, 
normal school diploma, State certificate, or col- 
lege-graduate's certificate, for immoral conduct 
on the part of the holder of such certificate. 
Since the passage of the Revised Consolidated 
School Law of 1 894 a commissioner has not had 
authority to revoke a certificate upon any other 
o-round than that of immoral conduct. 

Aduiijiister Oaths, Etc. — A school commissioner 
may administer oaths or take affidavits in all mat- 
ters relating to school work, but without charge 
or fee. 

Take Testimony in Appeals.— ^hen directed by 
the State Superintendent of Public Instruction, a 
commissioner must take and report to him testi- 
mony in any appeal case. A commissioner has 
the authority to issue subpoenas and compel the 
attendance of witnesses. A failure to obey such 
subpoena subjects the offender to a fine of $25. 



26 NEW YORK SCHOOL LAW 

Reports. — A commissioner is required by law 
to obtain reports from the trustees of all 
school districts within his jurisdiction and to file 
an abstract of such reports annually with the 
State Superintendent. He is also required to 
submit reports from time to time to the State 
Superintendent, giving such information relative 
to the schools in his district and such suggestions 
upon the educational work of the State as the 
superintendent shall request. 

Subject to Regulations of State Superintendent . — 
A commissioner is subject to such rules and regu- 
lations as the State Superintendent of Public In- 
struction shall from time to time adopt. Appeals 
from a commissioner's acts and decisions may 
be taken to the State Superintendent. 

Call School Meetings. — A commissioner may, 
in certain cases, call annual and special school 
meetings, and must call the first school meeting 
in a new school district. (See chapter on ' * school 
meetings.") 

Rooms for Examinations. — School commission- 
ers can require the trustees or boards of educa- 
tion of any school district to furnish them with 
a suitable room or rooms in school buildings for 
the purpose of holding any examination ap- 
pointed under the direction of the State Super- 
intendent of Public Instruction. 



SCHOOL COMMISSIONER 27 

Divide Territory into School Districts, — It is the 
duty of school commissioners to make such di- 
vision of the territory of their respective districts 
as they think will serve the best interests of the 
school system. They have the authority, also, 
to alter or dissolve school districts as provided 
by law. 

May Appoint Trustee. — A school commissioner 
may fill a vacancy in the office of trustee by ap- 
pointment, when such vacancy has existed for one 
month or more and the school district has failed 
to fill such vacancy by election at a district 
meeting. 

Arrange for Teachers^ Institute. — A school com- 
missioner shall, under the regulations of the State 
Department of Public Instruction, arrange once 
each year for a teachers' institute in his commis- 
sioner district. 

Recommend Appointment of Normal School Pu- 
pils. — He has the power to recommend to the 
State Superintendent for appointment as pupils 
in the State normal schools such persons as are 
qualified and as, in his judgment, would be- 
come successful teachers by receiving a normal 
school training. 

Apportion School Money. — He is required to ap- 
portion the State school moneys to the various 



28 NEW YORK SCHOOL LAW 

school districts under his supervision as directed 

by law. 

Approve Plans of School Building. — The au- 
thorities of all school districts must submit to the 
commissioner having jurisdiction, for his ap- 
proval, the plans of all school buildings to be 
erected, showing the method of heating, ventilat- 
ing, and lighting. 

SCHOOL COMMISSIONER DISTRICTS 

[See Section 2 of Title V] 

Organization. — School-commissioner districts 

were first created by chapter 179 of the Laws of 

1856. Under this act these districts generally 

corresponded with assembly districts, and the 

power to divide counties, in certain cases, was 

conferred upon the boards of supervisors of such 

counties. The power to alter, abolish, or create 

school commissioner districts since the passage 

of the act which established them has, part of 

the time, rested solely with the State legislature, 

and part of the time this authority has come 

within the power of boards of supervisors. From 

1856 until 1863 boards of supervisors, in certain 

cases, possessed this power. In 1863 this power 

was taken from boards of supervisors, and from 

that date until 1881 it was vested solely in the 



COMMISSIONER DISTRICT 29 

State legislature. In 1881 the legislature re- 
stored this power to boards of supervisors under 
certain conditions, and they have possessed it 
from that date to the present time. 

As the State Constitution does not provide for 
school commissioner districts, these districts are 
entirely under the control of the State legislature, 
which may alter or abolish them or which may 
provide in what manner they shall be altered or 
abolished. 

The Revised Consolidated School Law of 1894 
provides that any school commissioner district 
containing more than 100 school districts may be 
divided by the board of supervisors of the county 
within which such school-commissioner district 
is located and that an additional school-commis- 
sioner district may thus be created. 

Prohibitions. — Under the ''revised consolidated 
school law of 1894," no city can be included in 
or form a part of any school-commissioner dis- 
trict. 

Number of Districts. — At present there are 
one hundred and thirteen school-commissioner 
districts in the State. 

REVIEW QUESTIONS 

When was the office of school commissioner created ? 
How were the first persons who served in this office 
chosen ? When was the office of deputy superintendent 



30 



NEW YORK SCHOOL LAW 



of common schools created ? How many deputies did each 
county have ? How were they appointed ? What were 
their duties ? What change was made in the title of this 
office in 1843? What provision was made by the act of 
1843 in relation to appeals ? What compensation was paid 
these officers ? When was this office abolished. 

What provision did the act of 1795 contain relative to 
the election of commissioners ? What were the duties of 
these officers ? Who performed the duties of these officers 
during the first year after the passage of this act ? WTiat 
compensation did commissioners receive ? What change 
did the act of 1812 make in relation to the number of these 
commissioners? What compensation was provided ? How 
fixed? What new office did this act of 181 2 create? 
What was the duty of these inspectors ? What change was 
made in the number of inspectors in 1841 ? 

When was the offices of commissioners and inspectors 
abolished? What new offices were created in this year? 
How were these officials chosen ? For what period ? What 
salary was paid them ? What were their duties ? Describe 
their duties between 1847 and 1856? When were these 
offices aboHshed? Why? Who are eligible to the 
office of school commissioner? Must a commissioner 
be a resident of the district for which he is elected ? 
Are women eligible to this ofiice ? How long has this been 
the law? What offices are school commissioners prohibited 
from holding ? What would be the effect if a commissioner 
should accept any such office? In what business are commis- 
sioners prohibited from being interested or engaged ? May 
a commissioner act as teacher? Are electors of cities quali- 
fied to vote for commissioners? Why? What exceptions 
are there to the law ? Have women a legal right to vote 
for school commissioners ? Why not ? Give history of 
law of 1892 and a test case which arose under such law? 

When does the term of office of a commissioner begin ? 
What is the length of the term of office ? What oath must 
a commissioner take ? Before whom ? Where must it be 
filed? What is the penalty for a failure to take such oath? 
Name five ways by which the office may be vacated. Upon 
receiving notice of a vacancy, or hearing of one, what should 
a county clerk do? Who fills such vacancy by appointment? 
For how long is the appointment to such vacancy valid ? 
For how long does the person elected at the next election, 
after a vacancy occurs, serve ? What is the salary of a school 
commissioner? How much is paid by the State? In what 
manner is the remainder paid? How may the salary be in- 



COMMISSIONER DISTRICT 3 1 

creased? When the salary of a commissioner is increased, 
upon the property of what territory is such increase as- 
sessed ? What was the salary from 1856 to 1867? From 
1867 to 1885? Since 1885? When were boards of super- 
visors directed to appropriate $200 to each commissioner 
for expenses ? How may the salary of a commissioner or 
any part of it be withheld ? When should such salary af- 
terward be paid? 

Who may remove a commissioner from office? Upon 
what ground ? When may a commissioner perform official 
duties for the commissioner of an adjoining district 
When must a commissioner perform such duties? What 
are the duties of a commissioner in relation to supervis 
ion ? In establishing boundaries ? Whom may he em- 
ploy for this purpose? To whom is such expense charge- 
able ? When may a commissioner order repairs on build- 
ing ? To what amount? When may he order furniture 
purchased? To what amount ? When may he order nui- 
sances abated? When may he condemn a school-house? 
What amount may he direct to be expended to erect a 
building in the place of the one condemned ? What change 
was made by the legislature of 1897 in relation to the 
amount a commissioner could direct to be expended ? 

What is his duty in relation to examination and licensing 
of teachers? What certificates may a commissioner re- 
voke? Upon what ground? May he revoke a cer- 
tificate upon any other grouud? What oaths or affi- 
davits may he administer? Is he entitled to fees for such 
service? When may he take testimony in appeal cases be- 
fore the State department? What special authority has he 
in such cases? What reports is he required to obtain? 
What reports must he make ? To what regulations 
is he subject. To whom may appeals from his acts 
and decisions be taken ? What school meetings may 
he sometimes call ? What accommodations can he re- 
quire for examinations ? What power has he to divide the 
territory of his district ? When may he appoint a trustee ? 
What is his duty in relation to teachers' institutes? In re- 
lation to normal school pupils? State moneys? Plans for 
school buildings? 

When were school commissioner districts created ? Give 
history of the power to alter or abolish school commis- 
sioner districts. Who has that authority now? What 
school commissioner districts may be divided? Are cities 
included in school commissioner districts? How many 
school commissioner districts are there in the State ? 



CHAPTER III 

DUTIES OF SUPERVISORS, TOWN CLERKS, COUNTY 
TREASURERS, DISTRICT ATTORNEYS, AND COUNTY 
JUDGES, IN RELATION TO SCHOOL MATTERS 

SUPERVISORS 
[See Title III] 

Trustees of Gospel and School Lands. — Super- 
visors are made the trustees of gospel and school 
lands. 

Annual Return of School Money. — Each super- 
visor must make a return in writing on the first 
Tuesday of March in each year to the county 
treasurer, showing the amount of money in his 
hands either for teachers' salaries or library pur- 
poses, and the districts to which such money be- 
longs. After such date he should not pay out any 
of such money until he receives the next certifi- 
cate of apportionment from the school commis- 
sioner. 

Disbursement of School Moneys. — It is the 
duty of supervisors to pay upon the order of the 
trustees of a district, or a majority of them, any 
money in his hands belonging to such district 
and applicable to the payment of teachers' 
salaries, or for tuition and transportation of pu- 
pils. The order upon the supervisor must show 



DUTIES OF SUPERVISORS 33 

that the person to whom such money is payable 
was a duly qualified teacher, and must also show 
the dates between which such teacher was em- 
ployed. 

Payment to Collector or Treasurer.— When- 
ever the collector or treasurer of a district shall 
present to a supervisor a copy of the bond 
which such collector or treasurer has executed, 
certified by the trustees, the supervisor shall pay 
to such collector or treasurer all the moneys 
in his hands due such district that may be ap- 
plied upon the payment of the salaries of teachers. 

Payment of Library Moneys.— A supervisor 
must pay the library money due a district upon 
the written order of the trustees of the district 
or a majority of them. He is not authorized to 
pay library money in any other way. 

Payment of Moneys Due to Union Free School 
Districts.— A supervisor, upon the order of a 
board of education of a union free school district, 
should pay to the treasurer of such district all 
moneys due it for salaries of teachers or library 

purposes. 

Accounts of Receipts and Disbursements.- A 

supervisor should keep a correct account of all 
moneys received and disbursed by him, and 
should make a report thereof, with proper vouch- 
ers, to the town board at its annual meeting. 



34 NEW YORK SCHOOL LAW 

Record of Receipts and Disbursements.— A 

supervisor is authorized by law to purchase, at 
the expense of the town, a blank-book in which 
he shall make a record of school moneys received 
or paid out, stating from whom and for what pur- 
poses they were received, and to whom and for 
what purposes they were paid. This record 
should be delivered to his successor in ofEce. 

Filing Statement of Accounts.— Within fifteen 
days after the term of office of a supervisor ex- 
pires he should make a correct statement of the 
school moneys received and disbursed by him, 
and should file such statement or report in the 
town clerk's office, and should notify his successor 
in office that he has made and filed such report. 

To Obtain Funds from Predecessors. — When 
a supervisor has given the bond required by law 
to the county treasurer, he should take a certifi- 
cate or statement from the county treasurer 
showing that such bond has been given. He 
should also obtain from the town clerk a copy of 
his predecessor's report. He should then pre- 
sent to his predecessor in office such copy and 
the certificate of the county treasurer showing 
that he has executed the required bond, and 
should demand all school moneys in the hands of 
such predecessor in office, which money should be 
paid upon such demand. 



DUTIES OF SUPERVISORS 35 

Recovery of Penalties and Forfeiture. — It is 

the duty of the supervisor, when such duty is not 
imposed upon other officers by provisions of law, 
to sue for and recover all penalties and forfeit- 
ures provided for by the consolidated school 
law. After deducting his expenses he should 
report the balance to the school commissioner. 

Formation and Alteration of School Districts. — 
When requested to do so, a supervisor may act 
as a member of the local board to consider the 
wisdom of forming new school districts or chang- 
ing the boundaries of districts already formed. 
He cannot act in this capacity unless properly 
requested, and cannot be compelled to act when 
requested. In such matters he may act at his 
own discretion. 

For this service supervisors are entitled to 
$1.50 per day, which is a charge upon their re- 
spective towns. 

. Fix Valuation of Property. — The supervisors 
of the towns in which a school district is located 
shall, when properly requested to do so, deter- 
mine whether the assessments made upon certain 
property in such towUv^i are equitable when 
compared with each other. If in any case 
they find that the assessments are not equi- 
table they may determine the relative propor- 
tion of taxes that ought to be assessed, and 
if they are unable to agree upon this, they 



36 NEW YORK SCHOOL LAW 

may call a supervisor from an adjoining town, 
and a majority shall have power to determine 
such proportion. For this service supervisors 
are entitled to three dollars per day, which shall 
be a charge upon their respective towns. (See 
chapter on " Taxes.") 

TOWN CLERKS 
[See Title IV] 

Preserve Records. — It is the duty of a town 
clerk to preserve carefully all books, papers, and 
records deposited or filed in his offi.ce and re- 
lating to the schools of the town of which he is 
clerk. Any loss or injury to such documents 
should be reported immediately to the super- 
visor of the town. 

Record of Apportionment. — Each supervisor 
deposits with the town clerk the certificate of 
apportionment for his town, which certificate he 
should record in a book provided for that pur- 
pose. He should also immediately notify trus- 
tees that the supervisor has filed such certificate. 
Obtain Reports of Trustees. — It is the duty of 
the town clerk to see that all trustees within his 
town file in his office an annual report as re- 
quired by law. Such reports are to be delivered 
by the town clerk to the school commissioner 
upon his demand. 



DUTIES OF TOWN CLERKS 3/ 

Report List of Officers to School Commis- 
sioner. — It is also the duty of a town clerk to 
report to the school commissioner a list of officers 
and their post-office addresses for each school dis- 
trict in his town as such lists are provided him 
by school district clerks. 

Distribution of Documents.— It is the duty of 
the town clerk to distribute to the trustees of the 
school districts in his town all books, blanks, or 
circulars forwarded to him by the State vSuperin- 
tendent or the school commissioner for such dis- 
tribution. The documents which a town clerk 
is usually requested to deliver are the annual 
reports of the State Superintendent, the school 
registers, blank reports for trustees, and Arbor 
Day programmes. He should also deliver any 
other document placed in his hands by the school 
commissioner for that purpose. 

Record of Annual Accounts. — He should re- 
cord the annual account of receipts and disburse- 
ments of school moneys made to him by the su- 
pervisor and should also record the action taken 
by the town auditors on such account and on the 
vouchers accompanying it. When the State Su- 
perintendent requires it, he should furnish him 
a copy of such account. 

Final Accounts. — A town clerk should record 
in the same book in which he records the annual 



38 NEW YORK SCHOOL LAW 

accounting of a supervisor, the final accounting 
of school moneys by the supervisor, and he 
should deliver a copy of such final accounting to 
the supervisor's successor. 

Filing Treasurer's Certificate.— A town clerk 
should receive and record, from an outgoing su- 
pervisor, the certificate of the county treasurer 
showing that the bond of such supervisor's suc- 
cessor has been executed and approved. 

Records of Districts.— He should receive, file, 
and record all descriptions of school districts and 
their alterations and all other papers and pro- 
ceedings relating to school matters which are de- 
livered to him by the school commissioner. 

Assist in Formation of Districts.— A town clerk 
may become a member of a local board to pass 
upon an order issued by a school commissioner 
to change the boundaries of a school district or to 
form a new district. He may act in this capacity 
when requested to do so by the trustees of a dis- 
trict in his town to be affected by an order of the 
commissioner, but not otherwise. He may act 
at his pleasure in regard to attending the meet- 
ing of a local board for this purpose, but he 
cannot be compelled to attend. The law leaves 
his attendance optional. For service in this 
capacity a town clerk is entitled to $1.50 per 
day, which is a charge upon his town. 



DUTIES OF COUNTY TREASURER 39 

Preserve Records of Dissolved Districts. — A 

town clerk should receive and preserve all books, 
papers, and records of a dissolved school district 
that are deposited in his office as the law directs. 

File Bonds of Treasurer and Collector. — A 
town clerk should receive and file any bond 
given by a collector or treasurer of any school 
district in his town, and enter memorandum of 
the same in proper book. He is entitled to a fee 
of twenty-five cents for every such bond filed. 

Payment and Expenses. — For any service per- 
formed by a town clerk in discharging" the duties 
above mentioned, for which no fee is provided 
by law, he is entitled to the same compensation 
as he would receive for performing similar ser- 
vices for the town, and it should be audited by 
the town board as a charge upon the town. All 
disbursements in postage, express charges, etc., 
are a charge upon the town also. 

COUNTY TREASURER 
[See Title II] 

Annual Report to School Commissioner. — Be- 
tween the first and third Tuesdays of March of 
each year, a county treasurer should report to 
the school commissioners of his county the unex- 
pended moneys applicable to the payment of 
teachers' wages and to libraries that were in the 
hands of the several supervisors of the towns of 



40 NEW YORK SCHOOL LAW 

the county on the first day of March preceding. 
He should also report all other moneys in his 
hands derived from payment of fines or from any 
other source, showing the town or towns or dis- 
trict or districts to which such money belongs. 

Require Bonds of Supervisor. — As soon as the 
county treasurer receives the commissioners' 
certificate of apportionment, he should require 
the supervisor of each town in his county to exe- 
cute a bond with two or more sureties in double 
the amount of school money to be respectively 
paid to each of such supervisors. Whenever a va- 
cancy occurs in the office of supervisor and such 
vacancy is supplied, the person chosen to fill such 
vacancy should be required by the county treas- 
urer to give a bond in like manner as supervisors 
regularly elected, in double the amount of school 
moneys in the hands of the former supervisor. 

Should Sue Bond. — If the condition of the 
bond of any supervisor should be broken, the 
county treasurer should sue the bond in behalf 
of the town and pay the money recovered to the 
successor of the defaulting supervisor. 

Payment of School Moneys. — After a super- 
visor has given a bond approved by the county 
treasurer, such treasurer should pay such super- 
visor the amount of school money due his town 



DUTIES OF DISTRICT ATTORNEY 4I 

as shown by the commissioners' certificate of ap- 
portionment. 

Payment of Unpaid Taxes.— Whenever a col- 
lector is unable to collect the school-district tax 
upon any real estate and the matter is properly 
presented to the county treasurer, it is his duty to 
pay such tax from the contingent fund and to re- 
port the facts to the board of supervisors of the 
county. (See chapter XV.) 

DISTRICT ATTORNEY 
[See Section 26, Article III, Title III] 

Fines from Prosecutions.— The district attor- 
ney should prosecute all persons guilty of misde- 
meanors in relation to school affairs, as required 
by law, and should report annually to the board 
of supervisors all fines collected as the result of 
such prosecution, and all such money received 
by him should be immediately paid to the county 

treasurer. 

Adjust Costs.— When the amount claimed by 
district officers for defending actions and pro- 
ceedings in behalf of a district is disputed by 
such district and the county judge is debarred 
from acting, such claim, when presented in due 
form, must be adjusted by the district attorney. 
(Article i, title 15.) 



42 NEW YORK SCHOOL LAW 

COUNTY JUDGE 

Appoint School Commissioner. —When the 

county judge of a county has been notified by the 
county clerk that there is a vacancy in the office 
of school commissioner in any district in such 
county, it is the duty of such county judge to 
appoint a qualified person to fill such vacancy. 
(Section 6, title 5.) 

Adjust Costs. — When the officers of a school 
district have brought or defended an action or 
proceeding in behalf of such district by instruc- 
tion, and the amount claimed by such officers for 
costs and expenses is in dispute, and when such 
officers have brought or defended an action or 
proceeding in behalf of a district without instruc- 
tion, and the district meeting refuses to allow the 
claim presented by such officers for costs and ex- 
penses and the matter is properly presented to 
the county judge, he should give such officers 
and district a hearing, examine into the facts of 
the case, and decide what amount should be 
allowed such officers, if any. The amount 
allowed by a county judge cannot exceed thirty 
dollars. A county judge cannot adjust a claim 
for costs and expenses incurred in bringing or 
defending appeals before the State Superintend- 
ent, but only in an ''action or proceeding," in 
court. (Article i, title 15; 31 Misc. 590.) 



REVIEW QUESTIONS 43 

REVIEW QUESTIONS 

Of what school property are supervisors trustees ? What 
annual return of school moneys must supervisors make? 
When and to whom is such return made? When may 
supervisors pay out such moneys after a return has been 
made ? Upon whose order should a supervisor pay the 
money in his hands for the payment of teachers' wages ? 
What two facts should such order show ? When should a 
supervisor pay to a collector or treasurer of a district the 
money due their district for teachers' wages ? How should 
a supervisor disburse the library money to which each dis- 
trict is entitled? What disposition should a supervisor 
make of the money in his hands, for teachers' wages and 
library purposes, belonging to union free school districts ? 
To whom should the supervisor make a report of the 
school moneys received and disbursed by him ? What rec- 
ord of school moneys should a supervisor keep? What 
should he do with this record ? 

What statement should a supervisor file in the town 
clerk's office ? When ? To whom should he send notice 
that such report has been filed ? State what is necessary 
to qualify a supervisor to obtain funds from his predecessor 
in office. What is the duty of a supervisor relative to 
penalties and forfeiture under the consolidated school law? 
In what manner may a supervisor assist in the formation 
or alteration of school district boundaries? Has he au- 
thority to act if not requested to do so ? Can he be com- 
pelled to act in such capacity ? To what compensation are 
supervisors entitled for such service ? When may super- 
visors determine upon the equitable assessment of prop- 
erty ^ When may the supervisor of an adjoinmg town 
assist in such matters ? What compensation does he re- 
ceive for this service ? , , , .• x 

What is the general duty of a town clerk relative to pre- 
serving school district records? What record of a super- 
visor's certificate of apportionment should a town clerk 
make? What officers' reports must he obtain? What 
must he do with such reports ? What report must he make 
to the school commissioner? What is his duty in relation 
to distributing documents ? What is his duty in relation to 
records of annual accounts ? Final accounts ? Treasurers 
certificate? Records of boundaries of districts? When 
mav he assist in forming a new school district or in changing 
the boundaries of a district ? Can he act if not requested ? 
Can he be compelled to act ? What compensation does 
he receive? What is his duty in relation to records ot 



44 NEW YORK SCHOOL LAW 

dissolved districts ? In filing bonds of treasurer or collec- 
tor? To what compensation is he entitled ? How is such 
compensation paid ? 

When must a county treasurer report to a school com- 
missioner? What must such report show? What is his 
duty in relation to requiring bonds of supervisors? When 
should he sue the bondsmen of a supervisor? When 
should he pay school moneys to supervisors ? When 
should he pay uncollected taxes on real estate to a school 
district collector? 

What is the duty of the district attorney in relation to 
fines and prosecutions ? In adjusting costs. 

When may a county judge appoint a school commis- 
sioner? When may he adjust costs of district officers de- 
fending an action or proceeding for or against the district ? 
What amount may he allow ? May he adjust costs incurred 
in an appeal to the State Superintendent of Public In- 
struction in an action or proceeding as defined by the 
Civil Code ? 



CHAPTER IV 

SCHOOL DISTRICTS 
[See Title 6] 

Number of Districts. — P'or the school year end- 
ing July 31, 1 901, the number of school districts 
in the State was 11,711. The number differs from 
year to year as new districts are formed and 
others abolished. 

Origin of District Systeni. — The school act of 
1795 provided that the inhabitants of a town 
might associate together for the purpose of 
establishing and maintaining schools. Schools 
were maintained under this plan until 1812, when 
the law was changed by the school act of that 
year providing that the town commissioners 
should divide their respective towns into a suit- 
able and convenient number of districts which 
should be numbered. 

Division of Territory. — The law provides that 
all territory of the State must be divided and in- 
cluded in school districts. If there is territory 
in any school commissioner district not included 
in some school district, it is the duty of the school 
commissioner having jurisdiction, to divide such 



46 NEW YORK SCHOOL LAW 

territory and order that it be included in the 
school districts to which it properly belongs. 

Constitutional Provision.— Section i of article 9 
of the State constitution requires the State legisla- 
ture to provide for the maintenance and support 
of a system of free common schools wherein all 
the children of the State may be educated. 

School District. — A school district is a subdi- 
vision of a town or city which is under the man- 
agement and direction of officers who are re- 
quired to maintain a free public school in and 
for such district as the law directs. 

Classes of Districts. — Under the consolidated 
school law school districts are known as union- 
free school districts, common-school districts, 
and joint districts. 

Union Free-School Districts. — Union free- 
school districts are the districts organized as 
such under the provisions of the consolidated 
school law, or under special acts of the State 
legislature. These districts have a board of 
education and are usually organized in the vil- 
lages and cities of the State. 

Common-School Districts. — All school dis- 
tricts in the State which are not organized as 
union-free school districts are common-school 
districts. In the place of a board of education 
a common-school district has a board of trustees. 



SCHOOL DISTRICTS 47 

Joint Districts, — Joint districts are school dis- 
tricts lying in two or more school-commissioner 
districts. These districts are either common-school 
districts or union free-school districts. Joint dis- 
tricts must bear the same number in each town. 

Public School. — A public school is a school 
accessible to all the children of school age resid- 
ing in a district or city, and supported by public 
taxation. Common schools and union free schools 
are public schools. 

School Year. — The school year begins on the 
first day of August and ends on the thirty-first 
day of July following. 

Who May Attend School. — All persons over 
five and under twenty-one years of age are en- 
titled to attend the public school of the school 
district in which such persons reside, the full 
period for which such public school is in session, 
without payment therefor. "^ (Title 7, § 36.) (The 
attendance of pupils over eighteen years of age 
cannot be included in the aggregate attendance 
on which the apportionment of school money is 
based. (Title 2, § 13, subd. 6.) Children over four 
years of age are entitled to attend a kindergarten 
maintained in the district in which such children 
reside, without charge. (Title 15, § 24.) 

Attendance of Non-resident Pupils. — Non-resi- 

*The Free School Act of New York was passed in 1867. 



48 NEW YORK SCHOOL LAW 

dent pupils may upon the written consent of the 
trustees of a district or a majority of such trus- 
tees be admitted to the public school of such dis- 
trict. The trustees determine the conditions 
upon which non-resident pupils are admitted and 
the amount of tuition which must be paid. 
Whenever the parents or guardians of non-resi- 
dent pupils are taxed on property owned by 
them and located in the district in which 
such non-resident pupils attend a public school, 
the amount of such tax paid must be deducted 
from the tuition charged. (Sec. 36, Art. 5, 
Title 7.) 

Attendance of Indian Pupils.— When a school 
district contains an Indian reservation on which 
a school for Indian children is maintained, the 
Indian children of such reservation are not en- 
titled to the school privileges of the district in 
which such reservation is located and cannot be 
legally admitted to the public district school 
without the consent of the State Superintendent 
of Public Instruction. (Sec. 37, Art. 5, Title 7.) 

Description of Districts. — There should be on 
file in the town clerk's office, a complete descrip- 
tion in metes and bounds of each school district 
of his town. The districts of a town should 
also be numbered consecutively. In a town in 
which twelve school districts are located, such 



SCHOOL DISTRICTS 49 

districts should be numbered from one to twelve, 
inclusive. If any of the districts of such town 
should be abolished, the districts should be re- 
numbered by the school commissioner so as to 
make the numbers consecutive. For example, if 
district No. 8 should be abolished, No. 12 should 
be changed to 8, and the districts would then be 
numbered from i to 11 inclus3ive. 

Formation and Dissolution of Joint Districts.— 
When the best interests of public education will 
thus be conserved, a school district may be formed 
from the territory of two or more school commis- 
sioner districts by the joint action of the commis- 
sioners having jurisdiction or a majority of them. 
A joint district may also be dissolved. This re- 
quires, however, the joint action of the commis- 
sioners of the commissioner districts in which 
such joint district is located. The proceedings 
are the same as those given under " Alteration 
of School Districts " in this chapter, except that 
all orders must be signed jointly by the commis- 
sioners or a majority of them. 

Alteration of Joint District by Special Meet- 
ing.— When a majority of the commissioners of the 
commissioner districts in which a joint" district is 
located fail to attend a joint meeting of such 
commissioners regularly called for the purpose 
of altering or dissolving such joint district, the 



50 NEW YORK SCHOOL LAW 

commissioner or commissioners attending such 
meeting, or any one of them, may call a special 
meeting of such district to determine whether it 
shall be dissolved or altered. The decision of 
the meeting on such question is as valid as 
though made by the commissioners. This proceed- 
ing is operative in cases only where a joint dis- 
trict lies in three or more commissioner districts. 

Dissolution of Districts. — A school commis- 
sioner has authority to dissolve any school district 
under his jurisdiction for valid reasons. His ac- 
tion in such cases is subject to appeal to the State 
Superintendent. The territory of such district or 
districts, if more than one is dissolved, must be 
annexed to adjoining districts or must be created 
into a new district. This action may be taken 
without the consent of the trustees of the districts 
affected. It must be understood, however, that 
this action can be taken only when a district is dis- 
solved and its territory is annexed to other districts or 
used to form a new district. 

Property of Dissolved Districts.— When two or 
more dissolved districts are thus consolidated 
into one, the new district succeeds to the right of 
the property possessed by the districts from 
which it was formed. 

When the territory of a dissolved district is at- 
tached to other districts, the supervisor of the 
town in which the school-house of such dissolved 



SCHOOL DISTRICTS 5^ 

district is located should sell the property of such 
dissolved district at public auction. He should 
give at least five days' notice of such sale by 
posting a notice in three or more public places of 
the town in which such district is located, one of 
which must be posted In the district so dissolved. 
The supervisor should deduct from the receipts 
of such sale all expenses. He should then use the 
remainder to pay the debts of the district. If 
there is a remainder after paying such debts, the 
supervisor should apportion it among the owners 
of taxable property in the district in proportion 
to their respective assessments on the last assess- 
ment rolls of the town, and should pay such 
money accordingly. 

Outstanding Moneys of Dissolved Districts.— 
The supervisor of the town within which the 
school-house of a dissolved district is situated has 
authority to receive, sue for, and collect, in his 
name of office, any money due the district from 
its former officers or from any other person. 

Application of Such Money.— The supervisor 
should deduct from any moneys thus received all 
costs and expenses of collection and report the 
balance to the school commissioner. The school 
commissioner should apportion such balance 
equitably among the districts to which the parts 



52 NEW YORK SCHOOL LAW 

of such dissolved district were annexed. The 
district meeting of each district receiving such 
money should direct for what purposes it should 
be used. 

Adjustment of Affairs of Dissolved Districts. — 
After a district has been dissolved it continues to 
exist in law for the purpose of providing for and 
paying all its just debts. For this purpose its 
trustees and other officers continue in office ; the 
district may hold special meetings, elect officers 
to fill vacancies, and vote taxes ; and the inhabit- 
ants of the district and its officers may transact 
any other business necessary for the adjustment 
of such debts. 

Records of Dissolved Districts. — The school 
commissioner, or if a joint district, the commis- 
sioners, should direct the clerk or other person 
who may be in possession of all books, papers, 
and records of the district to deposit such books, 
papers, and records in the town clerk's office of 
the town in which the school-house of such dis- 
solved district was located. The commissioner 
should file a copy of the order served on the dis- 
trict clerk or other person with the town clerk, 

A failure on the part of a district clerk or any 
other person to comply with the order of a com- 
missioner in this matter is punishable by a fine 
of $50. 



SCHOOL DISTRICTS 53 

ALTERATION OF COMMON SCHOOL DISTRICTS 

Those that Cannot be Divided. — Any scliool 
district which, has a bonded indebtedness out- 
standing cannot be divided. The boundaries of 
such districts, however, may be changed by 
adding thereto territory from an adjoining dis- 
trict which has no bonded indebtedness. 

Methods of Alteration. — In altering the bound- 
aries of any school district there are two methods 
of procedure. One is with the consent of the 
trustees of the districts affected, the other is with- 
out the consent of such trustees. 

It is impossible to change the boundaries of 
one district without changing the boundaries of 
at least one other. If territory is taken from one 
district it must be added to another. There will, 
therefore, always be at least two districts affected 
when a question of alteration of boundaries is 
involved. 

Action with Consent of Trustees. — A commis- 
sioner should always, if possible, obtain the con- 
sent of the trustees of all districts to be affected, 
when he decides to alter the boundaries of a dis- 
trict. This consent should be in writing and 
should state definitely what changes are to be 
made. A description of the districts as they 
shall be after the proposed changes are made 



54 NEW YORK SCHOOL LAW 

should be incorporated in the written consent of 
the trustees. The State Superintendent has held 
that in a district having more than one trustee a 
majority vote at a meeting regularly called shall 
be considered the action of such board. The con- 
sent of the trustees of all districts having been 
obtained, the commissioner may issue an order 
making the alterations, and must file a copy 
thereof with the town clerk of the town in which 
such districts are located, and if such districts are 
located in two or more towns, a copy must be filed 
with the town clerk of each of such towns. The 
order should state definitely what changes are to 
be made and must recite that the consent of the 
trustees of each district has been given. These 
consents should be attached to and form a part 
of the order of the commissioner. The commis- 
sioner should also file copies of such order with 
the district clerk of the school districts affected. 

The State Superintendent has held that a trus- 
tee cannot consent to transfer his own land from 
one school district to another. 

Action Without Consent of Trustees.— This 
procedure is more complicated than the former.- 
When the trustees of any one of the districts 
affected, refuse to consent to the proposed altera- 
tion the commissioner must follow out each step 



SCHOOL DISTRICTS 55 

provided by statute. He may make the order 
and file it with the town clerk of the town in 
which the districts are located. This order is 
known as the preliminary order, and must recite 
the refusal of the trustees of any district or dis- 
tricts so refusing, and the commissioner must 
direct that the order shall not take effect as to the 
dissenting district or districts until a day named 
therein, and not within three months from the 
date of such order. 

Within ten days after filing such order the com- 
missioner must give at least one week's notice in 
writing to the trustees of all the districts affected 
by such order, that, at a specific time, and at a 
place in the town in which one of the districts to 
be affected is located, he will hear the objections 
which may be offered to the proposed alteration. 
This notice must state that an order of altera- 
tion has been issued, and a copy of such order 
must also be inserted in the notice. 

Local Board. — Upon the request in writing of 
the trustees of any district affected, the supervisor 
and town clerk of the town or towns in which 
such district wholly or partly lies, may be asso- 
ciated with the commissioner upon the hearing 
of objections to his preliminary order. No su- 
pervisor or town clerk can act in this capacity 



56 NEW YORK SCHOOL LAW 

who lias not been requested to do so. And such 
supervisor and town clerk must present such re- 
quest, with proof of service of the same, to the 
commissioner, at the time and place fixed for such 
hearings to establish their jurisdiction to act. 
The supervisors and town clerks thus requested 
to act and the commissioner, form the local board 
to hear and determine upon the merits of the ob- 
jections offered to the proposed changes. If a 
supervisor or a town clerk should be associated 
with a local board without being requested by 
the trustees of the district, any decision of such 
board determined by the votes of such supervisor 
or town clerk would be declared void by the State 
Superintendent upon appeal to him in due form. 

If a district has more than one trustee, a re- 
quest for a supervisor or town clerk to act in 
conjunction with the commissioner must come 
from a majority of such trustees; such request 
having been decided upon at a regular meeting. 

Town officers are not required by law to attend 
such meetings. Trustees are authorized to re- 
quest them to attend ; but there is no authority 
to compel their attendance. If any of these officers 
who are entitled to act as members of a local board 
should fail to appear at the hearing, the com- 
missioner and those supervisors and town clerks 



SCHOOL DISTRICTS 57 

entitled to become members of the board, who 
do appear, may proceed with the hearing and 
render a decision thereon. If all supervisors 
and town clerks entitled to become members of 
such board should fail to appear at the hearing, 
the commissioner may proceed without them and 
decide on the merits of the objections offered. 

But if the commissioner should not attend and 
if the town officers should attend, they would not 
have the authority to proceed, and the prelimi- 
nary order issued by the commissioners would 
become void. In a case of this kind proceedings 
could be renewed if desired. 

A local board has power to adjourn from time 
to time, but such adjournments can not extend 
the date of the hearing beyond the time desig- 
nated in the preliminary order when such order 
shall take effect. 

At the hearing before the local board those in- 
terested who are opposed to the order of the com- 
missioner may present their evidence and argu- 
ments against the wisdom of the proposed 
changes, and those in favor may also present 
evidence and arguments in support thereof. 

After all evidence and arguments have been 
presented, the board must decide by vote either to 
affirm or vacate the order of the commissioner. 



58 NEW YORK SCHOOL LAW 

Each member of the board is entitled to a vote, 
and a majority decides the action to be taken. 
If the board decides to vacate the order of the 
commissioner, the matter is ended and the 
changes cannot be made. An appeal from such 
decision may be taken to the State Superintend- 
ent, who may affirm, modify, or vacate such order, 
A record of the action of the board must be filed 
in the town clerk's office. 

If the board votes to confirm the order of the 
commissioner, a final order must be made by the 
commissioner and members of the board, direct- 
ing that the alterations be made. 

This final order must recite the first order and 
all the proceedings taken thereafter, including the 
action of the local board. 

REVIEW QUESTIONS 

What is the number of school districts in the State? 
What is the law in relation to the division of all territoty 
in the State ? What are the three classes of districts ? 
When was the district system first inaugurated ? How ? 
What change was made in 1812 ? Define each. What is a' 
public school? What are the limits of a school year? 
Who are entitled to attend a pubfic school ? For what 
period may such persons attend ? When was the free- 
school act passed? What is the law in relation to the ap- 
portionment of public money on the attendance of pupils 
over 18 years of age ? Who may attend a kindergarten ? 
How may non-resident pupils be admitted to school? 
Who determines the conditions upon which they are ad- 
mitted ? What is the law in relation to charging such 
pupils tuition ? What is the law regulating the attendance 
of Indian pupils upon a public school ? 



SCHOOL DISTRICTS 59 

Where should a description of each school district be 
filed. What should be the character of this description ? 
How should districts be numbered? When may a joint 
di-strict be dissolved ? How ? When may the boundaries 
of a joint district be altered by a special meeting? How 
is such special meeting- called? When may a school dis- 
trict be dissolved by a commissioner without the consent 
of the trustees of such district ? When two or more 
dissolved districts are consolidated into anew district, what 
becomes of the property of such dissolved districts ? 
What becomes of the property when such districts are 
attnched to other districts ? What notice of such sale 
must be given ? How are the expenses of such sale 
met? What disposition is made of the remainder of such 
fund ? 

How may the outstanding money of a dissolved district 
be collected ? What is done with money thus collected? 
What is the duty of a school commissioner in relation to 
such matters? What powers does a dissolved district 
possess as a district ? What disposition should be made 
of the books, papers, and records of a dissolved district? 
Who should direct this? What is the penalty for failing 
to comply with this direction ? W^hat school districts can- 
not be divided? What change maybe made in the boun- 
daries of such districts ? What are the two methods by 
which a school district may be altered ? If the boundaries 
of one district are changed, what must follow ? In what 
form should trustees' consent be given ? What is done 
after the consent of the trustees is given ? What must be 
done with the commissioners' order? What facts should 
the order of the commissioner recite ? With whom should 
copies of such order be filed? Can a trustee consent to 
transfer his own land from one district to another? 

By whom is a preliminary order issued to change the 
boundaries of a district when the trustees will not consent to 
such change ? Where must such order be filed ? What must 
it show ? When must it take effect as to the dissenting dis- 
tricts ? What notice must the commissioner give to the trus- 
tees dissenting to such changes ? What must such notice 
contain ? What ofllicers may be associated with the commis- 
sioner at the hearing upon such order ? Can these officers 
act if not requested by the trustees? What must these 
officers do to establish their jurisdiction to act? What 
would be the effect if either of these officers should act 
without being properly requested to do so? Can these 
officers be required to act in this capacity? If only part 



60 NEW YORK SCHOOL LAW 

of the officers requested to act in this capacity should 
appear at the hearing, what should be done ? If none of 
such officers requested should appear, could the commis- 
sioner legally act in their absence ? If the commissioner 
should fail to appear, and the other officers should appear, 
what could be legally done ? 

Can this board adjourn ? For what period ? What should 
be done at the hearing? What must be done with the 
records of the proceedings ? If affirmative action is taken 
on the original order, what is the next step ? What must 
the final order contain ? 



CHAPTER V 

MEETINGS IN COMMON SCHOOL DISTRICTS 

[See Article i, Title 7] 

I. FIRST MEETING IN NEW DISTRICT 

By Whom Appointed. — When the order form- 
ing a new school district goes into effect the 
school commissioner having jurisdiction must 
appoint a time and place for holding the first dis- 
trict meeting for the purpose of effecting a dis- 
trict organization. 

Notice of Meeting. — The commissioner must 
prepare a notice which shall state the time and 
place at which the meeting will be held and the 
object for which it is called. This notice should 
be explicit in this respect and state that the 
meeting is called to elect officers, vote taxes, and 
transact any other business permitted by law. 
The notice must also include a description of the 
boundaries of the district, which must be the 
same as that contained in the order forming such 
district and must be given in metes and bounds. 
This notice should be delivered by the commis- 
sioner to some taxable inhabitant of the district, 
who is directed to serve such notice upon every 



62 NEW YORK SCHOOL LAW 

qualified voter residing in the district for which 
the meeting is to be held. 

Service of Notice. — It is the duty of the person 
receiving this notice to notify every qualified 
voter of the district of such meeting by reading 
the notice in his or her hearing. If any resident 
of the district is absent from home, a copy of that 
part of the notice relating to the time, place, and 
object of the meeting should be left at the place 
of residence of such person. This notice must 
be served on the voters of the district at least six 
days, previous to the date of the meeting, exclu- 
sive of the day of service. 

Return of Notice.— The person serving such 
notice should make a return to the district meet- 
ing showing in what manner each inhabitant of 
the district was notified. This is done by fur- 
nishing a list of names of those who were per- 
sonally notified of the meeting and another list 
of those for whom the notices were left at their 
places of abode. These lists should be endorsed 
upon the back of the notice of such meeting and 
signed by the person who served the notice. It 
should then be presented by such person to the 
district meeting and filed with the records of the 
district. The object of this return is to show 
that the meeting was regularly called and to es- 



COMMON SCHOOL DISTRICT MEETINGS 63 

tablish its jurisdiction in the event of any dispute 
arising. If a return is not made, it will be pre- 
sumed that the meeting was regularly called, un- 
less the preponderance of evidence should show 
Otherwise. 

Penalty for Refusing to Serve Notice.— Any 
taxable inhabitant of such district, when re- 
quested in due form to serve the notice of such 
meeting, who refuses or neglects to do so, forfeits 
the sum of $5 for the benefit of the district. 

Powers of Such Meeting.— The first meeting of 
a new district, when regularly called, possesses 
the powers of an annual meeting and may trans- 
act business that might properly come before an 
annual meeting. 

Failure to Hold Meeting.— Whenever the time 
fixed for the first meeting of a new district shall 
have passed and such meeting shall not have 
been held, the commissioner may, in his discre- 
tion, appoint another time for such meeting by 
delivering another notice, as in the first case, to 
some taxable inhabitant of the district. A com- 
missioner is not required to call a second meet- 
ing. He may act as he deems it expedient under 
the circumstances. Unless in the opinion of the 
commissioner it is necessary for the consider- 
ation of important business before the date of the 



64 NEW YORK SCHOOL LAW 

annual meeting, a second meeting should not 
be called. 

2. SPECIAL MEETINGS 

By Whom Called. — The call for all special 
meetings should be issued by the trustees of the 
district. When the office of trustee is vacant the 
district clerk should issue such call, and when 
the offices of trustee and clerk are both vacant, 
the school commissioner having jurisdiction may, 
when it is shown to his satisfaction that con- 
ditions demand it, issue a call for a special meet- 
ing. 

Method of Calling. — There are two methods by 
which special meetings may be called. The 
voters of any district may at any annual meet- 
ing adopt a resolution prescribing the method 
by which notice of special meetings shall be 
given. Such resolution and such method of call- 
ing special meetings provided thereby shall re- 
main in force until modified by some subsequent 
annual meeting. This method must be such that 
the notice may reasonably be expected to reach 
every voter of the district. Publishing notices 
in a paper published in the district or posting 
notices for a reasonable time in conspicuous 
places in the district, has been held by the State 



SPECIAL MEETINGS 6$ 

Superintendent to meet the requirements of the 
law. 

When the annual meeting fails to provide a 
special manner of giving notice of special meet- 
ings, the method provided by statute must be 
pursued. The district clerk, upon the request 
of the trustee or trustees of the district, must 
serve notice upon each of the qualified voters of 
the district at least five days, exclusive of the day 
of service, before the date of such special meet- 
ing. If there should be a vacancy in the office of 
district clerk, or if the clerk should refuse to act, 
a trustee of the district or some taxable inhabit- 
ant, upon order from the trustees of the district, 
must serve the notice of special meetings. If the 
offices of trustee and clerk are both vacant, the 
school commissioner may direct some inhabitant 
of the district to serve the notice of special meet- 
ings. 

Service and Return of Notice. — The method of 
serving notice for special meetings on the inhabit- 
ants of a district is the same as that outlined in 
this chapter for serving notice for the first meet- 
ing of a district. The same method of procedure 
in making a return of service of notice should 
also be followed. 

Penalty for Refusing to Serve Notice. — Any 



(^ NEW YORK SCHOOL LAW 

taxable inhabitant of a district who refuses to 
serve a notice of special meeting when legally 
requested forfeits the sum of $5 for the benefit 
of the district. 

Power of School Commissioners to Call Special 
Meetings. — It will be observed from the preced- 
ing paragraphs relating to special meetings that a 
school commissioner may call and give notice of 
special district meetings for any school district 
under his jurisdiction when the offices of clerk 
and trustee for such district are vacant. 

Failure to Notify all Voters. — If the failure to 
notify all voters of a district meeting can be 
shown to be wilful and fraudulent, the proceed- 
ings will be declared illegal upon appeal in 
proper form to the State Superintendent. If such 
omission of notice appears accidental or if the 
presence of tne person failing to receive such 
notice would not change the result of the action of 
such meeting, or if such person attended the 
meeting, the proceedings will be declared legal. 
All matters of this character in dispute should 
be presented to the State Superintendent in the 
form of appeals. 

Powers of Special Meetings.— The only busi- 
ness which can be considered at a special meeting 
is that for which the meeting was called and 
which was designated in the notice of such meet- 
ing. 



ANNUAL SCHOOL MEETINGS ^J 

3. ANNUAL SCHOOL MEETINGS 

Notice.- -The district clerk should give at least 
five days' notice of an annual meeting by posting 
notices thereof in at least five public places. A 
failure to give such notice would not invalidate 
the business transacted at an annual meeting, as 
the law fixes the date and all persons entitled to 
vote at such meetings should know when they 
are to be held, without receiving notice. (See 
subdivision 4 of section 34 of article 4 of title 7.) 

Date. — The annual school meeting of each com- 
mon school district must be held on the first 
Tuesday of August of each year. 

Hour. — Unless a previous annual meeting has 
fixed some other hour, the meeting should be held 
at 7:30 o'clock p. M. 

Place. — The annual meeting must be held in 
the school-house of the district unless otherwise 
voted by the district. If the district has two 
school-houses, the meeting should be held in the 
one generally used for that purpose. The trus- 
tees, however, may designate the other school 
building. A district may vote at an annual 
meeting or a special meeting called for that pur- 
pose, that future meetings shall be held at some 
other place than the school-house. If the dis- 
trict has no school-house, the meeting must be 
held at some place designated by the trustees. 



6S NEW YORK SCHOOL LAW 

Failure to Hold Annual Meeting.— If the date 
of the annual meeting has passed and such meet- 
ing has not been held in a certain district, the trus- 
tee or clerk of such district should call a special 
meeting to transact the business of the annual 
meeting. If the trustees or clerk of such district 
should fail to call such special meeting within 
twenty days after the date fixed by law for 
holding the annual meeting, the school com- 
missioner having jurisdiction over such district 
or the State Superintendent of Public Instruction 
may order any resident of such school district to 
give notice that such meeting will be held. This 
notice must be given in the same manner as no- 
tices of special meetings and as described on the 
first page of this chapter. The district officers 
should make to such meeting the reports required 
to be made at annual meetings. A failure to 
make such reports subjects district officials to the 
same penalty that is imposed for a failure to re- 
port at annual meetings. Officers elected at such 
meeting are entitled to serve until the date of 
the next annual meeting or until their successors 
have been elected and have qualified. 

Notice of Adjourned Meeting. — When any 
meeting of a district has been adjourned for 
more than one month, the clerk of the district 



ANNUAL SCHOOL MEETINGS 69 

must post notices of the time and place of such 
adjourned meeting in at least five of the most 
public places in such district and at least five 
days previous to the time appointed for such 
meeting. 

Legislative Body of District.— The electors of 
a school district, when assembled in a meeting 
regularly convened, constitute the legislative 
body of such district and may transact any busi- 
ness relating to the school affairs of such district 
which is permissible by statute. As special 
meetings are called to transact special business, 
the annual meeting of a district is the one in which 
nearly all the business of a district is transacted. 
The more important matters coming before an 
annual meeting as provided by law are as fol- 
lows : 
Powers and Duties of Annual Meetings : 

1. To select a presiding officer, to be known as 
chairman^ and in the absence of the district clerk 
to select a clerk pro tempore. 

2. To elect district officers for the ensuing 
school year. 

3. To determine by majority vote by ayes and 
noes whether a district officer shall be chosen to 
be known as treasurer. 

4. To name the amount of the bond which the 



70 NEW YORK SCHOOL LAW 

collector and the treasurer must give to the district 
for the faithful performance of the duties of their 
respective offices. 

5. To vote a tax upon the taxable property of 
the district to purchase, lease, or improve the 
school-house site or to enlarge the site already 
owned by the district. Also to vote a tax to hire 
or purchase rooms or buildings for school pur- 
poses and to keep them in repair. To vote a tax 
to build school-houses and to supply them with 
necessary furniture, fuel, etc. 

6. To vote a tax not to exceed $25 in any one 
year for the purchase of school apparatus, such 
as maps, globes, blackboards, etc., and for the 
purpose of supplying text-books and other school 
supplies for the use of the poor scholars of the 
district. 

7. To vote a tax for the establishment, main- 
tenance, support, and increase of a school library 
and to purchase a book-case. 

8. To vote a tax to supply a deficiency caused 
by a failure to collect a former tax, also for the 
purpose of providing a record book for the dis- 
trict. 

9. When district officers have lost or embezzled 
any of the funds of a district, the annual meeting 
may vote a tax upon the district to replace such 
funds. 



ANNUAL SCHOOL MEETINGS 71 

10. The annual meeting may also vote a tax 
upon the district to meet the expenses incurred 
by the district officers in defending suits or ap- 
peals in the district's behalf and also in prosecut- 
ing suits or appeals in its behalf, when directed. 

11. The district may also vote a tax to pay 
teachers* wages as they become due, and to pay 
any judgment obtained from a competent court 
by a teacher for teacher's wages. 

12. An annual meeting may direct the trustees 
of a district to insure in any insurance company 
created under the laws of this State the school 
buildings, furniture, apparatus, etc. 

Method of Voting. — All questions involving 
the expenditure of money or the levying of a tax 
upon a district must be by ballot, or by a vote of 
the ayes and noes, which must be properly re- 
corded. 

REVIEW QUESTIONS 

Who appoints the first meeting in a new district? 
When? Who prepares the notice? What should the no- 
tice show? What is done with such notice? Who serves 
it? Who designates the person to serve it? Upon whom 
must such notice be served ? How should such notice be 
served ? How should such notice be served upon persons 
who are absent from home? When must such notice be 
served ? How should a return of service of notice be made ? 
What should be done with such return ? Why ? What is 
the penalty for refusing to serve such notice ? What powers 
does such meeting possess? If the time for holding such 
meeting has passed and the meeting has not been held, what 
should be done ? 



72 NEW YORK SCHOOL LAW 

"Who usually calls special meetings ? When may the 
district clerk ? The school commissioner ? State Super- 
intendent? How many methods of calling special meet- 
ings are there? Describe each. What is the method of 
service of notice of such meeting? Of the return of ser- 
vice of such notice? What is the penalty for refusing to 
serve such notice? What is the effect of a wilful failure 
to notify all qualified voters of such meetings? What if 
such failure were accidental? What if the presence of 
those who were not notified would not change the result 
of the action of a meeting? How should disputes of this 
kind be settled ? What business can be transacted at a 
special meeting? 

What notice of annual meetings must be given ? By 
whom ? Does a failure to give such notice invalidate a 
meeting? When does the annual meeting occur? At 
what hour? At what place? May it be held elsewhere? 
When ? If the annual meeting is not held on the date 
fixed by law, what should be done ? What business should 
be transacted at the meeting when called ? For what 
period do the officers elected at such meeting serve ? 
What notice must be given of a meeting adjourned for 
more than one month ? What is the legislative body of a 
school district? What power has an annual meeting in re- 
lation to selecting a chairman? A c\^x\l pro tempore? Dis- 
trict officers? District treasurer? What is the duty of a 
district meeting in relation to the bond of treasurer or col- 
lector? Name the various purposes for which a district 
meeting may vote a tax ? What direction should an annual 
meeting give trustees in relation to the insurance of prop- 
erty ? How must a vote involving expenditure of money be 
taken ? 



CHAPTER VI 

COMMON-SCHOOL DISTRICT OFFICERS 
[See Articles 1,3, and 6, Title VII] 

Officers of Common School Districts. — The offi- 
cers of a common-school district are a trustee or 
trustees (as determined by the district), a clerk, a 
collector, a librarian, and a treasurer when the 
district has decided to elect such officer. 

TRUSTEE 

Eligibility. — To be eligible to the office of 
trustee a person must possess two distinct qualifi- 
cations. He must be a resident of the district 
and qualified to vote at its meetings, and must 
also be able to read and write. A woman pos- 
sessing these qualifications is eligible to hold the 
office of trustee. 

Prohibitions.— Trustees are prohibited from 
holding the office of district clerk, collector, 
treasurer, or librarian; also from holding the 
office of school commissioner or supervisor. A 
trustee accepting any of these offices would upon 
the acceptance of such other office vacate the office 
of trustee. A person holding the office of clerk, 
collector, treasurer, or librarian who should ac- 



74 NEW YORK SCHOOL LAW 

cept the office of trustee would also, upon the 
acceptance of the office of trustee, vacate such 
other office. 

Election. — The election of trustees must take 
place at the annual meeting in all districts except 
those districts included in the provisions of the 
next paragraph. The election must be by ballot 
and the trustees must supply ballot-boxes for this 
purpose. The district meeting must by some 
method appoint two inspectors of election. This 
may be done by adopting a motion to instruct 
the chairman or clerk of the meeting to appoint 
such inspectors. A motion or resolution might 
be adopted naming two inspectors. The district 
meeting might also pursue any other method in 
selecting the inspectors. 

In all cases the election must be by ballot. 
Even if the name of but one person is presented to 
the district, the election of such person, to be 
legal, must be by ballot. The votes cast for trustee 
must be deposited in the ballot-box provided for 
that purpose. The inspectors should report the 
result of the vote to the chairman, who should an- 
nounce the result to the meeting, and the person 
reciving the majority of all votes cast is duly 
elected. 

In cases where the election was not by ballot, 



TRUSTEES ■ 75 

the State Superintendent of Public Instruction 
has held, when such cases were duly presented 
to him upon appeal, that such elections were void 
and has ordered that new elections be held in 
such districts. 

The ballots used in school-district elections 
must be printed or written, or partly printed and 
partly written, and must contain the name of the 
person voted for and the title of the office. The 
names of all officers to be elected may be on one 
ballot, as : 

TRUSTEE 
John Jones 

CLERK 

William H. Smith 

COLLECTOR 

George Brown 

The district clerk should keep a poll -list show- 
ing the names of all persons whose votes are re- 
ceived. 

Elections in Districts Having 300 Children of 
School Age.— When the last annual report of the 
trustees of a common school district to the school 
commissioner shows that the number of children 
of school age in such district exceeds 300, the 
qualified voters at any annual meeting may decide 
to hold a meeting for the election of officers on the 
Wednesday next following the date of the annual 
meeting. The vote taken must be ascertained 



'j^ NEW YORK SCHOOL LAW 

by taking and recording the ayes and noes, and a 
majority of those voting shall decide the question. 

After such determination the election of trus- 
tees, as well as of other officers in such district, 
shall be held on the Wednesday next following 
the annual meeting, between 12 o'clock noon and 
4 o'clock in the afternoon in the principal school- 
house in the district ; but the trustees may, upon 
resolution, extend the hours of such election 
from 4 o'clock p. M. until sunset. The trustees 
may also direct, upon resolution, that the election 
shall be at some other place than the school- 
house. In such case a notice must be given, 
stating where the election will be held, and such 
notice must be printed in some newspaper pub- 
lished in the district at least one week previous 
to the time for holding such election, or must be 
posted in five conspicuous places in the district. 

The trustees shall act as inspectors of election, 
and if a majority of the trustees are not present at 
the time for opening the polls, those present may 
appoint, from any of the legal voters in attend- 
ance, inspectors to act in the place of absent trus- 
tees. If none of the trustees should be present, 
the legal voters in attendance may select three 
of their number to act as inspectors. If a dis- 
trict coming within this provision has but one 



* TRUSTEES 77 

trustee, the legal voters of the district present 
may select two of their number to act with the 
trustee as inspectors. 

The district clerk should be present and keep 
a poll-list of those voting- ; such list to be kept 
in the same manner as at the election which 
occurs on the date of the annual meeting. Bal- 
lot-boxes should be provided by the trustees ; 
ballots like those used in the elections at annual 
meetings should be used, and the method of vot- 
ing and declaring results which is pursued at 
annual meetings in the election of officers should 
be followed in electing officers in these districts. 
If more ballots are deposited than there are 
names on the poll-lists, the inspectors should 
withdraw a sufficient number of ballots to make 
them correspond. 

When the time for such election has passed 
and no election has been held, the trustees or 
clerk should call a special meeting for the election 
of officers. If the trustees or clerk fail to call 
such special meeting within twenty days, the 
school commissioner having jurisdiction or the 
State Superintendent may order some inhabitant 
of the district to give notice as provided by law 
for such special meeting. The officers elected 
at such special meeting hold office until the next 



78 NEW YORK SCHOOL LAW 

annual meeting or until their successors are 
elected and have qualified. 

All disputes relating to these elections may be 
referred to the State Superintendent, whose de- 
cision is final, and who may order a new election. 

This provision, however, relating to the election 
of officers ■ — separate from the annual meeting — 
for districts having more than 300 children of 
school age, does not apply to school districts in 
cities, nor to union free-school districts whose 
limits correspond to those of an incorporated vil- 
lage, nor to any school district organized under a 
special act of the legislature providing a different 
time and manner for electing such officers, nor 
to any of the school districts in the counties 
of Richmond, Suffolk, Chenango, Westchester, 
Warren, Erie, and St. Lawrence. 

This provision for the election of officers on the 
Wednesday following the annual meeting must 
not be confounded with the annual meeting. It 
is simply a meeting for the election of officers, 
and no other business can be transacted. The 
annual meeting of the district must be held on 
the date fixed by law, and the business of the 
district, except the election of officers, such as re- 
ports of officers, voting to authorize a tax levy, 
etc., must be transacted at the annual meeting. 



TRUSTEES • 79 

Term of Office.— The term of office of a sole 
trustee is one year, and one year 2.'=^ defined by the 
school law means from one annual meeting to 
the next. The full term of a joint trustee is 
three years. In districts having three trustees 
these officers are called joint trustees. The term 
of office of trustees chosen at the first meeting of 
a new district expires on the date of the first an- 
nual meeting held after election. 

Number of Trustees Determined.— At the first 
annual meeting held after the formation of a new 
district, the electors of such district shall deter- 
mine by resolution whether such district shall 
have one or three trustees. A majority of those 
present and voting shall decide the question. 
If the district should decide to elect three trus- 
tees, the electors present at the meeting should 
proceed to elect three trustees for terms of 
one, two, and three years, respectively. The 
ballots cast for these trustees should designate 
for which term each is elected. At each succeed- 
ing annual meeting thereafter, one trustee should 
be elected for three years to succeed the trustee 
whose term of office will expire at such time. 
Until further action is taken by a district at an 
annual meeting its decision to have three trustees 
or one, as the case may be, shall remain in force. 



80 NEW YORK SCHOOL LAW 

Reduction of Number of Trustees. — In a district 
having three trustees, the electors of such dis- 
trict may, at any annual meeting, by resolution, 
decide to reduce the number of trustees of such 
district from three to one. The votes of a ma- 
jority of those voting are sufficient to adopt such 
resolution. When a district decides to change 
to one trustee, no trustee should be elected for 
such district until the term of office of each trus- 
tee has expired, and thereafter at each annual 
meeting but one trustee should be elected, until 
different action is taken by some future annual 
meeting. 

Increase in Number of Trustees. — In a district 
having but one trustee, the electors may at any 
annual meeting, by resolution, increase the num- 
ber of trustees for such district from one to three. 
The vote necessary to adopt such resolution is 
two-thirds of the legal voters present and voting 
at such annual meeting. Upon the adoption of 
a resolution to make such change in the number 
of trustees, the annual meeting should proceed 
to elect three trustees in the same manner as 
when the first annual meeting of a district de- 
cides to elect three trustees, and as described in 
this chapter on page 79. Thereafter, at each 
annual meeting, but one trustee should be elected 



TRUSTEES 8l 

for a term of three years to succeed the trustee 
whose term of office expires at that time. 

Notification of Election. — It is the duty of the 
district clerk, or of the person who acted as clerk 
of the district meeting, to notify in writing all 
persons elected to any office immediately after 
such election. 

Acceptance and Refusal of Office. — The pres- 
ence of any person at a district meeting which 
elects him to a district office, is deemed sufficient 
notice to him of his election. 

All persons elected to district offices are 
deemed to have accepted such offices unless 
within five days after having received notice of 
such election they shall file with the district clerk 
a written refusal to accept. 

Failure to Elect Trustees at Annual Meet- 
ing. — If an annual meeting, or the meeting of a 
district which elects its officers on the Wednes- 
day following the annual meeting, should be 
held without electing trustees, it has been de- 
cided by the State Department that the trustees 
holding over are trustees for the ensuing year, 
as no vacancy exists which can be filled by elec- 
tion or appointment. 

Vacancy in Office. — The office of trustee may 
be vacated by death, by removal from the dis- 



82 NEW YORK SCHOOL LAW 

trict, by incapacity, by refusal to serve, or by 
removal from office by the State Superintendent. 

A trustee who publicly declares that he will 
not accept or serve in the office, or who refuses 
to serve, or who neglects to attend three succes- 
sive meetings of the board of trustees of which 
he has been duly notified, vacates his office by re- 
fusal to serve, unless he renders a good and valid 
excuse therefor to the other trustee or trustees. 

Removal from Office. — The only person author- 
ized to remove a trustee from office is the State 
Superintendent of Public Instruction. Such su- 
perintendent may remove a trustee for either of 
the following causes : 

1. The wilful violation or neglect of duty under 
the consolidated school law or any other act per- 
taining to common schools. 

2. The wilful disobedience of any decision, 
order, or regulation of the State Superintendent. 

All proceedings in cases of this kind must be 
brought before the State Superintendent in the 
form of appeals asking for the removal of the 
trustee. 

Supplying Vacancy. — Whenever a vacancy oc- 
curs in the office of trustee it may be filled by a 
special meeting of the school district, duly called, 
in which the vacancy exists. If such vacancy is 



TRUSTEES 83 

not filled by a special meeting within one month 
from the date on which it occurred, the school 
commissioner of the commissioner district in 
which the school district is located may appoint 
some eligible person to fill* such vacancy. The 
person selected by a district meeting to fill such 
vacancy may serve for the balance of the unex- 
pired term, but when appointed by a school com- 
missioner such trustee may serve until the date 
of the next annual meeting of the district. 

Filing Appointment — Notice. — Whenever a 
school commissioner appoints a trustee to fill a 
vacancy, such appointment must be in writing 
and must be filed by the commissioner in the 
office of the district clerk. Upon receipt of such 
notice of appointment the district clerk should 
immediately serve a copy upon the person ap- 
pointed. 

Penalty for Refusal to Serve or Neglect of 
Duty. — Any duly qualified person elected or ap- 
pointed to the office of trustee, who refuses to 
accept the office, forfeits the sum of $5. 

Any duly qualified person elected or appointed 
to the office of trustee, who has not refused to 
accept but who neglects to perform the duties of 
the office, forfeits $10. 

Acceptance of Resignation. — Whenever the 



84 NEW YORK SCHOOL LAW 

trustee of any district files his written resigna- 
tion with the school commissioner having juris- 
diction, and the commissioner files such resigna- 
tion and his acceptance thereof with the district 
clerk, the filing of such resignation and accept- 
ance is a bar to the recovery of either penalty 
mentioned in the preceding paragraph. Neither 
can the penalty be recovered if such resignation 
is made to, and accepted by, a district meeting. 

Board of Trustees. — The trustee or trustees of 
every school district are constituted a " board of 
trustees " and are, under the law, corporate 
bodies. This applies to districts having one or 
three trustees, whichever the case may be. When- 
ever the term " board of trustees " is used in 
this work it may be applied to a district having 
a sole trustee as well as to those having more. 

Corporate Bodies. — As boards of trustees are 
" corporate bodies " under the law, it is necessary 
to have a clear idea of the meaning of that term. 
A corporate body consists of one or more natural 
persons, established by law, usually for some 
specific purpose, and continued by a succession 
of members. (Bouvier's Law Dictionary.) 

Hold Property as a Corporation. — Boards of 
trustees may hold as a corporation any property 
vested in or which may at any time be trans- 



TRUSTEES 85 

ferred to the trustee or trustees of a district for 
the use of such district. 

Powers of Sole Trustee.— A board consisting 
of a sole trustee has all the powers that a board 
of three trustees possesses. It is also subject to 
the same duties, liabilities, and penalties that are 
conferred or imposed by law upon a board of 
trustees or a majority of them. 

Action of Board, How Determined.— As the 
trustees of a district form a board, any business 
transacted by them must be at a meeting of such 
board, duly convened. If two members of a 
board of three trustees attend a meeting of such 
board regularly called, and if the third member, 
having been notified, fails to attend, any act, 
order, or decision agreed upon by such two 
members is as valid or binding as though such 
action had been agreed upon by all members of 
said board. If all three members of such board 
were present, and any two members thereof 
should agree upon any proposition before the 
board, the action taken would be valid and would 
be considered the action of the board. The min- 
utes of the meeting shall recite the action or vote 
of each member, and such minutes, when show- 
ing that two members or a majority reached a 
conclusion upon any order, act, or motion, are 
conclusive proof of the action of such board. 



86 NEW YORK SCHOOL LAW 

Meetings of Board. — A board may fix a time 
at which it will hold regular meeting's, and any 
member of a board, by giving at least twenty- 
four hours' notice, may order a special meeting of 
such board. 

Trustees May Act When Vacancies Exist. — 
When there is one vacancy in the office of trustee 
in a district having three trustees, the remaining 
two trustees may exercise any powers vested in 
the board and are subject to all the duties and 
liabilities of three trustees. If two vacancies 
should exist on such board of trustees, the remain- 
ing member would be subject to the same duties 
and liabilities and could exercise the same pow- 
ers as the three members, and as though such 
remaining trustee were a sole trustee. 

Special Meeting to Fill Vacancy. — Whenever 
a vacancy exists in a board of trustees, the re- 
maining trustees should immediately call a 
special meeting of the district for the purpose of 
filling such vacancy. 

REVIEW QUESTIONS 

■^ What are the officers of a common school district ? What 
two qualifications must a person possess to be eligible to 
the office of trustee ? What women are eligible to this 
office ? What offices are trustees prohibited from holding? 
What would be the effect if a trustee should accept such 
office? When are trustees elected? How must such offi- 
cers be voted for at school meetings ? How are ballot- 
boxes supplied? How are inspectors of election chosen? 



REVIEW QUESTIONS 8/ 

Describe the process of voting for a trustee at a district 
meeting. How may an illegal election be set aside ? What 
kind of ballots must be used? Who keeps the poll-list at 

a district election ? , . r ^ ^ 

What districts may hold the election of officers on 
Wednesday following the annual meeting? What action 
is necessary in order that such districts may hold the 
election at such time? How must such vote be taken? 
At what hours must such election be held? How may 
the time be extended? At what place in the district 
should the election be held? How may it be held else- 
where > How may such notice be given? Who act as 
inspectors at such elections ? How are vacancies supplied 
when part of the trustees are absent? When all are ab- 
sent^ How are additional inspectors chosen at elections 
in districts having but one trustee ? Who keeps a poll-list 

""^How frrbXlboxes supplied? What kind of ballots 
should be used? Describe fully the method of voting. 
How is the result declared? What action should be 
taken when the number of ballots and the number of 
names on the poll-list do not agree? When may an elec- 
tion be held at a special meeting? When may he com- 
missioner or State Superintendent direct a special meeting 
?^ be held ^ For how long do officers chosen at such 
special meetings serve? How are disputes in relation to 
tSeseelections^settled? To what districts are these p^^^^^ 
visions for separate elections not applicable ? Distinguish 
beUveen an election of officers in these districts and the 
rninnal meetina^ in such districts. 

WhaUs the f erm of office of a trustee ? What >3 ou.j.ar 
in this meaning? What is the term of a pint trustee? What 
s meanT by a jlint trustee ? How is the number o trus ees 
or a distrfct determined ? Describe the process of election 
where a district decides to elect three trustees. At elec- 
tions thereafter, how many trustees are elected and for what 
period? Describe fully how a district having three trus- 
tees may chancre to one. From one to three. Who should 
not fy a trustee'of his election? How? Wh=.t is considered 
a notice of election? When are officers deemed to have 

''''whaUs the ruling of the State Department in relation 
to trustees of districts in which an X"e of t™s?^e be^ 
not occur' In what ways may the office of trustee be 
come vacated? How mly a trustee va<:^t« his office b^ 
refusal to serve ? Who may remove a trustee from othce .-• 



88 NEW YORK SCHOOL LAW 

For what reasons? How must such proceedings be 
brought? How may a vacancy in the office of trustee be 
filled by election ? By appointment? When a vacancy is 
filled by election, for what period is a trustee chosen ? For 
what period when appointed ? How is the appointment by 
a commissioner made? Where is it filed? What action 
must the district clerk take? 

What is the penalty for refusing to accept the office 
of trustee? What is the penalty in cases where trustees 
do not refuse to accept, but refuse or neglect to per- 
form their duties? What is a bar to recovery of penalty 
in either case ? Explain the application of the term 
"board of trustees." What is a corporate body? 
What power have boards of trustees to hold property? 
What powers have sole trustees ? Explain fully how 
the action of a board is determined. VVhat should the 
minutes of meetings of a board show? When are regu- 
lar meetings of a board held ? When may special meet- 
ings be held ? In case of a vacancy on a board of trustees, 
what powers do the remaining trustees possess ? In case 
of two vacancies, what power does the remaining trustee 
possess ? When a vacancy on a board exists, what action 
should be immediately taken by the remaining members ? 



CHAPTER VII 

COMMON-SCHOOL DISTRICT OYYlZY.^^ — {Continued) 

TRUSTEES, POWERS AND DUTIES 

[See Article 6 of Title VII] 

The trustee of a school district is its most im- 
portant officer. He is the executive officer of the 
district and has charge of the general manage- 
ment of its school affairs. He should execute 
such official acts as the law directs and should 
carry into effect instructions received at a district 
meeting, provided they do not conflict with the 
school law or with the authority vested in him 
by virtue of such law. The important powers 
and duties of trustees as defined by law are as 

follows : 

Special Meetings.— To call special meetings 
when circumstances require it. 

Notice of Meetings.— When there is no clerk 
of the district, or when the clerk is absent, is una- 
ble to act, or refuses to act, the trustees may give 
notice of special, annual, or adjourned meetings. 

Tax-Lists and Warrant to Collector.— When- 
ever a district meeting has voted a tax, or when- 
ever a tax is authorized by law, it is the duty of 



go NEW YORK SCHOOL LAW 

the trustees to make out a tax-list for such tax 
and annex thereto their warrant directed to the 
district collector, for the collection of the taxes 
included in such tax list. 

To Purchase or Lease School-houses, Sites, 
etc. — When directed by a district meeting, 
trusteed may purchase or lease a site or sites for 
school buildings. They may also, when directed 
by the district, build or purchase a school-house 
or school-houses. They may also hire rooms or 
buildings for school purposes. 

Fuel and Furniture. — Trustees should also 
furnish school-houses, rooms, or school buildings 
with necessary fuel, furniture, school apparatus, 
heating apparatus, and appendages ; and they may 
pay the expense thereof when such expense is not 
more than $50 in any one year, without a vote 
of the district. The district may vote an ad- 
ditional amount for this purpose. 

Custody of Property. — Trustees are the custo- 
dians of the property belonging to the district ; 
such as school-houses, sites, and appurtenances 
thereto. 

Insurance of School Property. — When trustees 
are directed by a district meeting to insure the 
school buildings, furniture, apparatus, etc., in 
some company created under the laws of tl\is 



TRUSTEES — POWERS AND DUTIES 9I 

State, it is their duty to insure such property as 
directed and to raise the premium to pay for such 
insurance by a tax upon the district. When not 
directed by a district meeting to insure such 
property, it is the duty of the trustees to insure 
it in some company selected by them ; such com- 
pany, however, must have been created under 
the laws of this State. In this case the premium 
should also be raised by a tax upon the district. 
Insurance of Library.— It is also the duty of 
trustees to insure the school library in such a com- 
pany in an amount fixed by the district and to 
raise the premium by a district tax. 

Employment of Teachers— It is the duty of 
'trustees to contract with all teachers employed in 
the district ; to determine the number of teachers 
to be employed ; and to determine their compensa- 
tion, term of service, etc. A district meeting 
cannot by resolution restrict the power of a 
trustee in this respect. A trustee cannot legally 
employ a teacher who is not qualified under the 

law. 

Removal of Teachers.— For sufficient reasons, 
the trustees of a district may dismiss a teacher. 

Rules and Course of Study.— It is the duty of 
trustees to establish courses of study, and rules 
for the government and discipline of the school. 



92 NEW YORK SCHOOL LAW 

This must not be interpreted as meaning that 
trustees have the power to prescribe the method 
of imparting instruction, as this is a right vested 
solely in the teacher. 

Trustees are also required by special enact- 
ment to make provision for teaching the effects 
of alcoholic drinks, stimulants, and narcotics 
upon the human system. 

Payment of Teachers' Salaries.— Trustees may 
draw orders upon the supervisor of the town or 
upon the collector or treasurer of the district for 
the payment of teachers' salaries from the pub- 
lic money received from the State for that pur- 
pose. When this money is insufficient, trustees 
may raise the remainder by a tax upon the dis- 
trict. 

May Levy in Advance for Teachers' Salaries.— 
When there is no public money due a district or 
in the hands of district officers, and when no 
money has been raised by local taxation for the 
payment of teachers' salaries, and when a district 
meeting has not voted a tax therefor, the trus- 
tees may levy and collect, in advance, a tax 
sufficient to pay the salary of the teachers em- 
ployed for four months. 

Should Divide School Moneys in Portions.— 



TRUSTEES — POWERS AND DUTIES 93 

When a school-district meeting votes that the 
public money received from the State shall be di- 
vided into portions and that such portions shall 
be used to apply on the salary of teachers for the 
different terms of the year, it is the duty of trus- 
tees to comply with such direction of the district 
meeting. 

To Provide Water-closets, Etc. — It is the 
duty of a board of trustees to provide water- 
closets for their districts in the manner required 
by law, and it must keep them in a clean and 
wholesome condition. A failure to do this is 
sufficient cause to remove a trustee from office 
and to withhold from the district its share of pub- 
lic money. When a district is wholly unprovided 
with suitable outbuildings, trustees, upon direc- 
tion from the school commissioner having juris- 
diction, or from the State Superintendent of 
Public Instruction, may spend $50 in the erec- 
tion of such buildings. 

Repairs to School-houses, Staircases, Etc. — 
It is the duty of trustees to keep all school build- 
ings, furniture, and apparatus in proper repair 
and to make them reasonably comfortable for use. 
They may expend each year for this purpose, 
without a vote of the district, an amount not to 
exceed $50. 



94 NEW YORK SCHOOL LAW 

Trustees are also required by law in all dis- 
tricts throughout the State, except the cities of 
New York and Brooklyn, to provide stairways 
constructed on the outside of all school buildings 
that are more than two stories high, with suitable 
doors connecting therewith from each story above 
the first. Trustees are directed to provide these 
stairways, without a vote of the district, at a rea- 
sonable cost, which shall be raised by tax as other 
taxes upon the district are raised. 

May Abate Nuisances. — When they are so 
directed by the school commissioner, it is the duty 
of trustees to abate any nuisance in or upon the 
school premises, provided it can be done for an 
expense not to exceed $25. 

Clean Rooms — Employ Janitors, Etc. — Trus- 
tees should see that the school-room is always 
reasonably clean, and should provide pails, 
brooms, and other implements necessary for such 
purpose. It is also the duty of trustees to employ 
a janitor to build fires, sweep and otherwise clean 
the school-rooms, and to do the janitor work gene- 
rally in and about the school-house. They may 
pay a reasonable compensation for such services 
without a vote of the district, and may raise such 
money by tax in the same, manner as other dis- 
trict taxes are raised. 



TRUSTEES — POWERS AND DUTIES 95 

Purchase of School Apparatus, Account Books, 
Etc. — The trustees of a district may expend, 
without a vote of the district, for a dictionary, 
maps, globes, or other school apparatus, a sum 
not to exceed $25 in any one year. They may 
also provide blank-books in which to record their 
account? and in which to make a record of all 
business transactions of the district. 

Trustees May Establish Temporary or Branch 
Schools. — Whenever it is established to the 
satisfaction of the trustees of a district that it is 
necessary to form a branch school in the district 
for the purpose of placing within the reach of a 
portion of the children of such district the school 
advantages to which all children are entitled, said 
trustee must establish such temporary or branch 
school. If a portion of a district is so remote 
from the school-house that the children of vSuch 
locality are unable in inclement or winter weather 
to attend the regular school, without suffering un- 
reasonable inconvenience or hardship, it has been 
held by the State Superintendent of Public In- 
struction that such a state of affairs is sufficient 
ground for creating a branch school. Or if the 
rooms of the school building are overcrowded 
and insufficient for the accommodation of all 
children of school age, it is a proper reason for 
establishing a temporary school. 



96 NEW YORK SCHOOL LAW 

The trustees, under either of the above condi- 
tions, must hire and furnish suitable rooms in 
which to maintain such branch school, with 
proper accommodations, and all expenses in- 
curred are a charge upon the district. This power 
to establish a temporary or branch school is vested 
in the trustees without a vote of the district ; but 
in exercising this power they must use proper 
discretion and be warranted under the circum- 
stances to establish such school. 

May Raise any Legal Tax.— When authorized 
by law or when directed by a vote of the district 
meeting to incur any expense for the district, 
trustees have the power to raise any such amount 
by tax in the same manner as if a specific sum 
had been voted by a district meeting ; and it is 
their duty to do so. 

Use of School Building. — The trustees of a 
district or any one of them, when not forbidden 
by another, may permit the use of the school 
building, when it is not in use for school pur- 
poses, for the purpose of giving and receiving 
instruction in any branch of education or in the 
science and practice of music. If one trustee 
should object, the school-house could not be used 
for such purpose, even if the other trustees con- 
sented. 



TRUSTEES — POWERS AND DUTIES 9/ 

The use of the school buildings for religious or 
other purposes is a different proposition. In 
cases of this kind it has been a ruling of the 
State Department, to which all State Superintend- 
ents have adhered, that, where no objection is 
raised, the school-house may, in the discretion 
of the trustee or trustees, be used for such 
purposes; but when any of the taxable in- 
habitants of a district object to the using of 
the school-house for religious services, Sunday- 
school, lodge or society meetings, etc., the trustee 
or trustees have not the authority to permit the 
school-house to be used for such purposes. 
Where a school-house is given for such use, 
upon appeal in due form to the State Superin- 
tendent, the trustees of such district will be re- 
strained from permitting the school-house to be 
■used for such purposes. 

Trustees Shall Keep Accounts.— Trustees are 
directed by law to procure a blank-book in which 
they shall keep a correct account of all moneys 
received or disbursed by them, and of all orders 
drawn upon the supervisor, collector, or treasurer. 
They are also directed to provide a register for 
the use of the teacher, but as the' State Depart- 
ment supplies registers to all schools, it is not 
necessary for trustees to provide them. 



98 NEW YORK SCHOOL LAW 

Trustees Must Make Annual Reports to Dis- 
trict. — Trustees are required bylaw to make a 
written report to the annual meeting of the dis- 
trict. This report must cover all official business 
transacted by them during the year. It must 
show the amount of money the district received 
from the State, the amount of money raised by 
tax upon the district, and the amount received 
from all other sources. It must also contain a 
detailed statement of all money paid out, to whom 
paid, and the purposes for which it was paid. 

Trustees Must Make Annual Report to School 
Commissioners. — Trustees are required by 
law to make an annual report on the first day of 
August to the school commissioner in writing, 
and in the form prescribed by the State Su- 
perintendent of Public Instruction. Blanks 
are provided for this purpose and the report 
must include such general statistics as the State 
Superintendent requires. ^ If the district is a 
joint district, trustees must make a report for 
each of the counties in which the district is lo- 
cated. This report must be filed with the town 
clerk of the town in which the school-house is 
located. 

Trustees Must Pay Balance to Their Succes- 
sors. — A trustee should pay immediately, upon 



TRUSTEES — POWERS AND DUTIES 99 

the expiration of his term of office, to his succes- 
sor all moneys in his hands belonging to the 
district. 

Refusal of Trustees to Render Account. - Any 
trustee who shall wilfully neglect or refuse to 
make an annual accounting, forfeits any unex- 
pired part of his term of office and becomes liable 
to the trustees of the district for any money of the 
district in his possession. It is the duty of the 
trustees to sue such former trustee for such 
moneys, and when it is recovered to apply it for 
the use of the district. 

Certain Acts of Trustees Misdemeanors.— Any 
trustee or trustees who shall give an,order upon 
the supervisor of their town, or the collector or 
treasurer of their district, for payment of teachers' 
salaries when there is not sufficient money appli- 
cable thereto in the hands of such officers is 
guilty of a misdemeanor. 

A trustee who appropriates public money for 
the payment of the salary of a teacher who is not 
legally qualified is also guilty of a misdemeanor. 

Moneys a Trustee May Receive.— A trustee 
has no authority to receive or hold any of the 
public money apportioned to his district by the 
State, nor to receive or hold any of the money 
raised by local tax upon the district. This? 

LofC. 



lOO NEW YORK SCHOOL LAW 

money must be received and held by the officers 
designated by law for that purpose, and paid by 
them upon the orders of the trustees. A trustee 
may receive money from the sale of real or per- 
sonal property of the district, from insurance due 
the district, from bonds of the district issued and 
sold by him, from tuition fees, and from other 
sources. When a district has a treasurer who 
has given sufficient bond, all such moneys re- 
ceived by the trustee should be immediately 
paid over to the treasurer. 

Liabilities of Trustees.— Trustees are respon- 
sible to their districts for any loss which the 
district sustains through their carelessness or 
neglect. 

REVIEW QUESTIONS 

Who is the most important officer of a school district ? 
Why? What acts should he execute? What is his duty 
in relation to special meetings? When may trustees give 
notice of school-district meetings ? What is the duty of 
trustees in relation to tax lists and warrants to collectors? 
When may trustees purchase or lease a site? When may 
they purchase or build a school-house ? What amount may 
they expend for fuel, heating apparatus, school apparatus, 
furniture, etc., without a vote of the district? Who is the 
custodian of school property? When a district meeting 
gives direction to insure school property, what is the duty 
of trustees in relation thereto ? What is the duty of trus- 
tees if a district gives no direction about insuring property ? 
What is the duty of trustees in regard to insuring libraries? 

When may a trustee remove a teacher ? What is the duty 
of trustees in relation to employing teachers ? Who may 
establish rules for the discipline and government of a 
school ? Who can determine how such rules shall be en- 



REVIEW QUESTIONS loi 

forced? Whose duty is it to provide courses of study for 
schools? By what orders may trustees pay teachers? 
When may trustees levy a tax in advance for teachers' sala- 
ries ? For what period in advance may the salary of teach- 
ers be raised by tax ? May a trustee raise such money 
without a vote of the district? When should trustees di- 
vide the public money in portions ? How should such por- 
tions be applied? 

What is the duty of trustees in relation to the erection 
and care of water-closets? What is the penalty for a 
failure or refusal to comply with this provision ? What 
amount may be expended by trustees in erecting such 
buildings? Who should keep school buildings in repair? 
What amount may be expended without vote of the dis- 
trict? What is the requirement in relation to staircases 
for school buildings ? When should trustees abate nuis- 
ances ? What is the duty of trustees in relation to clean- 
ing rooms and employing janitors? What amount may 
trustees expend for a dictionary, maps, globes, or other 
school apparatus? When may trustees establish tempo- 
rary or branch schools ? For what purposes may trustees 
permit the use of school buildings ? What is the rule rela- 
tive to the use of school buildings for religious or similar 
purposes? 

What record of accounts must trustees keep? To 
whom must trustees make reports? What must these 
reports show? With whom must the report to a school 
commissioner be filed ? What should trustees do with dis- 
trict funds in their possession upon the expiration of their 
term of office? What is the penalty for a refusal of a trus- 
tee to render an account as required by law ? What acts 
of trustees are misdemeanors? What moneys has a trustee 
no right to receive ? What money may a trustee receive? 
What should he do with such money ? For what are trus- 
tees responsible to their district? 



CHAPTER VIII 
COMMON-SCHOOL DISTRICT OFFICERS. — (Continued.^ 

CLERK, COLLECTOR, TREASURER, LIBRARIAN 

General Provisions 
[See Article 3, Title VII] 

Eligibility. — To be eligible to hold tbe office^ 
of clerk, collector, or treasurer of any common- 
vSchool district a person must be a resident of the 
district and qualified to vote at its meetings and 
must also be able to read and write. In addition 
to these qualifications a treasurer must be a taxa- 
ble inhabitant of the district. Women possessing 
the above qualifications are eligible to these 
offices the same as men. These officers are pro- 
hibited from holding the office of trustee. If a 
person holding one of the above offices should 
accept the office of trustee, he would vacate the 
office held at the time he accepted the office of 
trustee. 

Term of Office. — The term of office of clerk, 
collector, or treasurer is one year, and in a new 
district the term of office of these officers elected 
at the first meeting expires at the next annual 
meeting held after their election. 



GENERAL PROVISIONS 103 

Election.— These officers must be elected by- 
ballot at the annual meeting in the same manner 
that trustees are elected, and that is described 
fully in the chapter on trustees under the head- 
ing " Election." In a district having more than 
300 children of school age, as shown by the last 
annual report of the trustees, when such dis- 
trict has decided to elect its officers on the Wed- 
nesday following the annual meeting, the election 
of clerk, collector, and treasurer must be held on 
such Wednesday and in the manner described 
under the heading ''Election in Districts Having 
More than 300 Children of School Age," in the 
chapter on " Trustees. " 

Notice of Election.— If any person elected to 
the office of clerk, collector, or treasurer should be 
present at the meeting at which such election 
occurred, his presence at such meeting is con- 
sidered sufficient notice of his election. The 
clerk of the district, or the person acting as clerk, 
should immediately notify in writing the persons 
elected to these offices, of their election, and un- 
less a written refusal to serve is filed by such 
persons within five days from the date on which 
they received notice of such election, they are 
deemed to have accepted the office to which they 
were elected. 



104 NEW YORK SCHOOL LAW 

Penalty for Refusing to Serve.— Any qualified 
person elected or appointed to the office of clerk, 
collector, or treasurer, who files a refusal to serve, 
forfeits $5 ; and any such person elected or ap- 
pointed to any such offices, who does not file a 
refusal to serve, but who neglects or refuses to 
perform the duties of the office to which he was 
chosen, forfeits $10 and vacates the office. 

Bar to Recovery of Penalty.— Whenever a per- 
son elected to the office of clerk, collector, or 
treasurer shall file with the school commissioner 
having jurisdiction his resignation of such office 
and the school commissioner shall accept it and 
shall file such resignation and his acceptance 
thereof with the district clerk, such action is a 
bar to the recovery of any penalty for refusal to 
serve. 

Vacancies. — A collector or treasurer vacates 
his office by not executing, as required by law, a 
bond to the trustees, and where these offices be- 
come vacant for this or any other cause, or where 
there is a vacancy in the office of district clerk, 
such vacancies may be supplied by appointment 
by the trustees of the district. The persons ap- 
pointed to fill these vacancies may serve in such 
offices until the next annual meeting of the dis- 
trict and until other officers are elected and 
assume their duties. 



CLERK 105 

Filing and Notice of Appointment.— Whenever 
an appointment to fill a vacancy in the office of 
the clerk, collector, or treasurer is made by the 
trustees of a district, such trustees should imme- 
diately file such appointment with the district 
clerk, who should immediately notify the person 
appointed of his appointment. 

Removal from Office.— For sufficient reasons 
the State Superintendent may remove a clerk, col- 
lector, or treasurer from office. The proceedings 
are the same as in the removal of a trustee. 
(Section 13, title i of Consolidated School Law.) 

CLERK 
[See Section 34, Article 4, Title 7] 

Duties.— (i) The clerk should keep a correct 
record of the proceedings of all district meetings, 
and record in a book provided for that purpose by 
the district a copy of all reports of the trustees to 
the school commissioner. 

(2) He should give notice as required by law of 
all special meetings called by the trustee, and 
give notice also of the annual meeting. When 
the office of trustee is vacant, it is the duty of the 
clerk to call special meetings. He should also 
give notice of adjourned meetings as required by 
law. 



Io6 NEW YORK SCHOOL LAW 

(3) He should immediately, upon the election 
or appointment of any district officer, notify such 
officer of his election or appointment, and should 
also report the names and addresses of such offi- 
cers to the town clerk of the town in which the 
school-house of the district for which such officers 
are chosen, is located. For a failure to file such 
notice, a penalty of $5 may be imposed for each 
and every such neglect. 

(4) He should notify trustees of every resigna- 
tion filed by the school commissioner. 

(5) He is required to preserve all records,books, 
and papers belonging to his office and to deliver 
them to his successor in office. For a refusal or 
neglect to do this he is subject to a fine of $50 for 
the benefit of the district, which fine is to be re- 
covered by the trustee. 

(6) Whenever a school district is dissolved he 
should deposit the records, books, and papers of 
such district in the town clerk's office, as required 
by the order of the school commissioner. 

(7) When required to do so by the board of 
trustees, he should attend their meetings and keep 
a record of the proceedings of such meetings in 
a book provided for that purpose. 

(8) He is also required by law to keep all books 
and papers of the district that are in his posses- 



COLLECTOR 10/ 

sion open to the inspection at all reasonable hours 
of any qualified voter in the district, and to permit 
such voter to make copies of any such papers or 
records. 

COLLECTOR 

[See Section 80, Article 7, Title 7] 

Bond.— Before receiving a warrant for the 
collection of taxes, a collector should execute and 
deliver to the trustees a bond with one or more 
sureties and in a sum fixed by the district, or 
when the district fails to fix an amount, in such 
sum as the trustees shall name. The trustees 
upon approving such bond should file it with the 
town clerk of the town in which the district is 

located. 

*Duties.— It is the duty of the collector to col- 
lect the taxes included in any tax-list for the 
district when directed to do so in the warrant of 
the trustees of the district; if the district has a 
qualified treasurer, to pay the taxes collected to 
such treasurer, and if the district has no treas- 
urer, to disburse the money collected, upon the 
order of the trustee of the district. 

The trustees of any district, ex cept a district 

~^he warrant of trustees, return of collector, and all 
matters pertaining to the collection of taxes is treated 
fully in the chapter on " School-District Taxes. 



I08 NEW YORK SCHOOL LAW 

within a city or incorporated village, or a district 
having a treasurer, may direct that the collector 
of such district shall disburse the school moneys 
apportioned to the district by the State for the 
payment of teachers. 

After a collector executes a bond to the trus- 
tees, with two or more sureties approved by 
them for double the amount of the sum last ap- 
portioned to the district, such collector may 
receive from the supervisor of the town the 
moneys in his hands belonging to the dis- 
trict and applicable to the payment of the sala- 
ries of teachers. The collector should then dis- 
burse such money upon the order of the trustees. 
The bond should be approved by the trustees 
and filed in the office of the town clerk. 

Penalty for Neglect of Duty.— A collector is 
responsible to the district for any loss it meets 
through his negligence in failing to collect any 
tax which might have been collected within the 
limit prescribed by the warrant. (See section 87, 
article 7, title 7.) 

Fee.— A collector is entitled to a fee of one 
per cent on all moneys voluntarily paid to him 
within thirty days from the date on which he 
gives notice that a tax-list has been issued, and 
on all moneys paid after that time he is entitled 



TREASURER IO9 

to five per cent. (See section 8i of article 7, 
title 7.) 

TREASURER 

[See Subdivision 5, Section 14, Article i, Title 7 and Section 35, 

Article 4, Title 7.] 

Determination of District to Elect Treasurer. — 

The qualified voters of a district may decide by 
a majority vote at any annual meeting, or at a 
special meeting called for that purpose, to elect 
a treasurer of the district. Upon such deter- 
mination, the district meeting may proceed to 
elect by ballot a treasurer, who may hold such 
of&ce until the next annual meeting or until a 
successor is chosen and has qualified. 

Treasurer's Bond. — Within ten days after his 
notice of election, the treasurer should execute 
and deliver to the trustees of the district a bond 
in the sum fixed by the annual meeting or such 
sum as the trustees require, which should 
be at least double the amount of money such 
treasurer will receive, with at least two sureties 
approved by the trustees. When the bond is 
properly executed and approved by the trustees 
in writing, it should be filed with the district 
clerk. 

Duties of Treasurer.— The treasurer is the 
custodian of all moneys belonging to the district. 



no NEW YORK SCHOOL LAW 

After the treasurer has qualified by executing 
his bond, the trustees should pay to such treasurer 
all moneys of the district in their possession de- 
rived from any source whatever. 

The collector of the district should pay over to 
the treasurer all moneys collected by him under 
an}^ tax-list and warrant issued by the trustees. 

The treasurer is also authorized to receive and 
has power to demand and receive from the super- 
visor of the town in which his school district is 
located, all money in such supervisor's hands 
and belonging to such district. 

The treasurer is to disburse the money held 
by him and belonging to the district, upon the 
order of the trustees of the district. 

The treasurer must also report to the trustees, 
when they require it, the condition of the treas- 
ury, and must also make a detailed report at the 
annual meeting covering all business transacted 
by him for the district during the year. 

LIBRARIAN 

The subject of librarian is treated fully in the 
chapter on ' * School District Libraries. ' ' 

REVIEW QUESTIONS 

Who is eligible to the office of district clerk ? Collector ? 
Treasurer? What qualification must a treasurer possess 
that is not required of a clerk or collector ? Are women 



REVIEW QUESTIONS III 

eligible to these offices? What office are these officers 
prohibited from holding? What would be the effect if a 
person holding one of these offices should accept the office 
of trustee ? What is the term of office of each of these offi- 
cers? What is the term when elected at the first meeting 
of a new district ? When are these officers elected ? When 
m school districts having more than 300 children of school 
age ? How must these officers be elected in either case? 
W^ho should notify these officers of their election ? What 
will be considered a notice of election ? 

What must these officers do if they do not desire to accept ? 
What is the penalty for refusing to serve in either of these 
offices? What is the penalty for neglecting or refusing to 
serve in either of those offices without filing a refusal to 
serve ? What is a bar to the recovery of a penalty in either 
of these cases ? What is the result of a failure of the col- 
lector or treasurer to execute a bond as required by law? 
How may a vacancy in the office of district clerk, collector, 
or treasurer be filled? For how long does a person ap- 
pointed to fill a vacancy in any of these offices serve ? 
When an appointment is made by a trustee, what should be 
done with such appointment? How may these officers be 
removed from office ? What is the duty of a district clerk 
in relation to proceedings of district meetings ? In relation 
to notice of meetings ? Notification of election or appoint- 
ment of officers? Reporting list of officers to school com- 
missioners? What is the penalty for a, failure to file such 
report ? Whom should he notify of the resignation of 
school-district officers? What is his duty in relation to the 
books, papers, and recoids of the district? What is the 
penalty for a failure to do this ? What is his duty in rela- 
tion to the records of dissolved districts ? In relation to 
proceedings of meetings of the board of trustees ? In rela- 
tion to inspection of district records ? 

What must the collector do before he can enter upon the 
discharge of his duties ? How many sureties must be given 
to his bond ? In what amount ? Who should approve such 
bond? Where should it be filed? What is the collector's 
duty in relation to taxes? What should a collector do 
with the money collected ? What district may direct that 
the collector shall disburse the school money received 
from the State for teachers' wages? When may a col- 
lector receive from a supervisor the money due his 
district? For what is a collector responsible to the dis- 
trict? To what fee is he entitled ? How may a district de- 
termine to have a treasurer? What bond must a treasurer 



112 NEW YORK SCHOOL LAW 

give ? In what amount ? What is done with such bond ? 
What is the general duty of this officer ? From what three 
sources may he receive money for the district? How 
should he disburse the money of the district? What re- 
ports must he make ? 



CHAPTER IX 

UNION FREE-SCHOOL DISTRICTS 

ORGANIZATION 

(See Article i, Title VIII) 

History. — The first act providing for union 
free schools was passed in 1853, and was incor- 
porated into the Consolidated School Act of 1864. 
The object was to create strong schools by unit- 
ing weak ones, and thus bringing more pupils and 
property to the support of a single school. 

How Formed.— Union free schools may be 
organized by a special act of the legislature, as 
many of them have been, or they may be organ- 
ized under the provisions of the consolidated 
school law. 

Call of Meeting to Form District. — The trus- 
tees of any school district should issue a call for 
a special meeting of the district, to determine 
upon organizing a union free-school district, 
when requested to do so by fifteen persons who 
are qualified voters in such district. This re- 
quest should be a written statement asking for 
such meeting, and addressed to the trustees. 
8 



114 NEW YORK SCHOOL LAW 

Meeting of Two or More Districts. — When it 
is desired to unite two or more districts to form a 
union free-school district, fifteen qualified voters 
of each district must sign a request for a meeting ; 
and when the trustees receive such request, they 
should issue a call for a joint meeting at some 
convenient place within such districts. 

Notice of Meeting. — Within ten days after the 
trustees have received such request, they should 
give notice of a meeting to be held at some suita- 
ble place in the district. The notice should also 
state on what day and hour the meeting will be 
held. The date chosen must be not less than 
twenty nor more than thirty days from the date 
on which the notice is given. When the trus- 
tees refuse or fail to give notice of the meeting 
the State Superintendent may direct any resi- 
dent of the district to give such notice. 

Method of Giving Notice. — In a district whose 
boundaries correspond in whole or in part to 
those of an incorporated village in which there 
is published a daily or weekly newspaper, the 
notice of such meeting may be given by posting 
copies of such notice in at least five conspicuous 
places in the district twenty days previous to 
the date of the meeting, and by publishing such 
notice once a week for three successive weeks in 



ORGANIZATION * II 5 

all papers published in such district. Personal 
service of notice of meeting is not required when 
notice is published in newspaper. 

In any other district notice shall be given by- 
posting copies in five conspicuous places in the 
district and by a personal service of such notice 
upon all qualified voters in the district, in the 
same manner as notice of special meetings in 
common-school districts is served. (See chapter 
on " Meetings in common-school districts.") 

When two or more school districts are involved 
in these proceedings, notices must be given in 
each district. The notices in all cases should 
state the qualifications of voters at school district 
meetings. 

Failure to Notify all Voters. — A failure to 
notify all voters of this meeting will not render 
the proceedings illegal unless it can be shown 
that such failure was willful and fraudulent. 

Expenses of Notices. — All reasonable ex- 
penses for publishing such notices of meetings in 
newspapers are a charge upon the union free- 
school district, when it is organized. If such 
district is not organized, these expenses must be 
paid by the persons who signed the request for 
such meeting. No compensation is allowed for 
personal service of notice. 



Il6 NEW YORK SCHOOL LAW 

Procedure of Meeting. — A meeting duly con- 
vened for this purpose shall organize by elect- 
ing a chairman and a secretary. The next propo- 
sition to come before the meeting should be a 
resolution or motion to form a union free-school 
district. If the number required by law are pre- 
sent, a vote may be taken on this proposition. 
The meeting may adjourn from time to time by 
a majority vote, but not for a longer period than 
ten days. If the meeting should take affirmative 
action and vote to organize a union free-school 
district, the next step would be to elect trustees. 
The election of trustees is treated fully in chapter 
on " Officers of union free-school districts." 

Number Required at Meeting. — If the meeting 
consists of one district only, fifteen qualified 
voters must be present to vote on the proposition 
to organize a union free-school district; and if 
two or more districts are involved, there must be 
at least fifteen qualified voters present from each 
district, and a majority of those present and vot- 
ing will decide the question. 

Filing of all Papers and Proceedings. — When 
affirmative action has been taken by a district on 
this question, copies of the request for such meet- 
ing, and of the call for and notice of such meet- 
ing, and of the minutes of the meeting, all duly 



ALTERATION AND DISSOLUTION II7 

certified by the chairman and secretary, must 
be filed with the town clerk of the town in which 
the district is located, with the school commis- 
sioner having jurisdiction, and with the State 
Superintendent of Public Instruction. 

Failure to Organize. — If the resolution to 
organize a union free-school district should be 
defeated, no further business can be transacted, 
except to vote to reconsider the resolution or to 
adjourn; nor can a meeting to consider such 
question be called again within one year. 

ALTERATION AND DISSOLUTION 
[See Article 5, Title VIII] 

Annexation of Common-School Districts. — A 

school commissioner may dissolve one or more 
common-school districts and annex the territory 
to a union free-school district, when such districts 
adjoin and when the boundaries of such union 
free-school district do not correspond to the 
boundaries of an incorporated village or a city. 
Before taking such action, a commissioner must 
obtain the written consent of the trustees of all 
districts concerned. 

Alteration of Boundaries by School Commis- 
sioner.— A school commissioner has the authority 
to alter the boundaries of any union free-school 



Il8 NEW YORK SCHOOL LAW 

district whose limits do not correspond to those 
of an incorporated village or a city, in the same 
manner that common-school districts are altered. 
Such district cannot be divided, however, when 
there is an outstanding bonded indebtedness 
against it. (See chapter on " School districts.") 

Dissolution of Union Free-School District. — 
When a meeting, regularly convened, organizes 
a union free-school district, such district cannot 
be dissolved within one year from the first Tues- 
day in August following the date on which it 
was organized. (See section 5, article i, title .8.) 

But any union free-school district which has 
been established for one year or more may be 
dissolved by a special meeting of the district with 
the approval of the commissioner. A meeting 
for this purpose should be called by the board of 
education when an application therefor is pre- 
sented to them, signed by at least fifteen resident 
taxpayers of the district. 

Action of Meeting. — The vote of a district 
meetmg on this question should be taken by 
recording the ayes and noes ; and to receive favor- 
able action, the proposition to change from a 
union free-school to a common-school district 
must receive a two-thirds vote of the legal voters 
present and voting on the question. Whenever 



ALTERATION AND DISSOLUTION II9 

the question fails to receive a majority vote, no 
further meeting for a similar purpose can be 
held within three years from the date of the 
meeting held at which such vote was taken. 

Approval of Commissioner. — Whenever a dis- 
trict takes favorable action upon the proposition, 
it is the duty of the board of education of such 
district to present to the school commissioner 
having jurisdiction, certified copies of the call for 
and notice of such meeting and of the proceed- 
ings of the meeting. If the school commissioner 
approves the action of the district meeting, he 
should file a certificate to that effect with the 
board of education. But the change of such 
district to a common school district can not go 
into effect until the day preceding the first 
Tuesday of August next following. 

Disapproval of Commissioner. — If the school 
commissioner having jurisdiction, should refuse 
to approve the action of a meeting in voting to 
change from a union free-school district to a com- 
mon-school district, no meeting can be held in 
such district for a like purpose within three 
years from the date on which the meeting was 
held at which such vote was taken. 

Conditional approval of Commissioner. — A 
commissioner may make his approval of such 



120 NEW YORK SCHOOL LAW 

proceedings upon the condition that the district 
which has been greatly benefited by consolida- 
tion in the way of buildings, improvements of 
site, etc., shall pay an equitable sum to each of 
the other districts into which the district will be 
divided. 

Division of Dissolved District. — The school 
commissioner having jurisdiction, has the au- 
thority to divide the territory of a union free- 
school district which has been dissolved as 
described in this chapter into common-school 
districts, and whenever a union free-school dis- 
trict which was established by the consolidation 
of two or more districts shall be dissolved, the 
^commissioner may divide such territory into dis- 
tricts to correspond, so far as practicable, to the 
districts which had been consolidated. 

Transfer of Academies to Former Trustees. — 
When a district so dissolved shall contain an 
academy which was converted under the law 
into the academic department of the union free 
school of such district, the board of education 
must transfer such academy to a majority of the 
surviving resident former trustees or stockhold- 
ers, upon their application. 

Disposition of Money on Hand. — Whenever a 
union free-school district shall be thus dissolved 



ALTERATION AND DISSOLUTION 121 

and there shall be any money in the hands of the 
treasurer of such district, such money should be 
equitably apportioned among the school districts 
into which the union free-school district has been 
divided. When the treasurers or collectors of 
such districts are elected and have qualified, the 
money should be paid to them. 

Annual Meeting of Districts thus Formed. — 
The annual meeting of the districts thus formed 
from the territory of a dissolved union free- 
school district shall be held the first Tuesday in 
August which occurs after such districts have 
been formed. The electors of the districts thus 
formed shall elect district officers at such annual 
meeting in the manner required by law. 

Notification of Superintendent. — Whenever a 
meeting of a union free-school district has been 
duly convened and has voted to dissolve such dis- 
trict, and this action of the meeting has been 
approved by the school commissioner, copies of 
the call for and the notice of such meeting, and 
of its proceedings and their approval by the com- 
missioner, all duly certified by the board of edu- 
cation, should be forwarded to the State Superin- 
tendent of Public Instruction. 

Appeal to Superintendent. — Any person feel- 
ing aggrieved by the action taken in any of the 



122 NEW YORK SCHOOL LAW 

proceedings in such cases, may bring an appeal 
to the State Superintendent, who has power to 
decide the matter, and his decision is final. 

REVIEW QUESTIONS 

When was the first union free-school law enacted? 
What was the object ? In what two ways may union free- 
schools be created? How is the propriety of forming a 
union free-school determined ? Who calls the meeting ? 
When ? How should this request be made ? How should 
the request be made when two or more districts are to be 
united? When such request is properly presented to the 
trustees what should they do? What facts should the 
notice contain ? At what time after the notice has been 
given must the meeting be held ? How may the meeting 
be called when the trustees refuse to give the required 
notice? 

What is the method of giving notice in a district whose 
boundaries correspond in whole or in part to those of an 
incorporated village in which there is published a daily or 
weekly newspaper? When is a personal service of notice 
not required ? What method of giving notice in all other 
districts must be pursued? How must notice be given 
when two or more districts are involved ? What should all 
notices state ? What is the effect of a failure to notify all 
voters ? How are the expenses of publishing notices, etc., 
paid ? If the district is not formed, how are they paid ? 
Can compensation be allowed for personal service of 
notice ? 

How does the meeting organize? What is the next 
proposition to come before the meeting? When may a 
vote be taken on this proposition ? How may the meeting 
adjourn ? For what period ? If affirmative action is taken 
on the proposition, what is the next step to be taken ? 
When one district is involved how many voters must be 
present in order that a vote may be taken? How many 
voters must be present when two or more districts are 
involved? What vote determines the question? When 
aflftrmative action is taken what papers must be filed ? 
With what officials ? If the proposition to organize is 
defeated, what further business may be transacted ? When 
may another meeting to consider the matter be called? 



REVIEW QUESTIONS 123 

When may a school commissioner annex the territory of 
a common-school district to a union free-school district? 
What must a commissioner do with such common-school 
district before annexing its territory ? A commissioner 
may alter the boundaries of what union free-school dis- 
tricts ? When can not the boundaries of these districts be 
divided J After a union free-school district has been organ- 
ized what time must elapse before it can be dissolved ? 
How may a union free-school district which has been 
established for more than one year be dissolved ? How is 
such special meeting called? When should it be called? 
How should the vote on this question be taken? What 
vote is necessary in order to change to a common-school 
district ? When a proposition to change from a union free- 
school district to a common-school district is defeated, 
what period of time must elapse before another meeting 
may be called to consider such proposition ? What must 
be done with all papers in the proceedings when a union 
free-school district votes for such change ? What should 
the commissioner do if he approves the change ? When 
does the dissolution go into effect ? If the commissioner 
fails to approve such action, when may another meeting for 
the same purpose be held ? When may a commissioner 
niake his approval conditional ? What is done with the 
territory of a union free-school district when such district 
has been dissolved ? When a district is thus dissolved and 
it had contained an academy which was converted into an 
academic department of such union free-school district, 
what must the board of education do with such academy? 
When a district is thus dissolved and there is any money 
m the hands of the treasurer of such district, what dispo- 
sition must be made of such money ? To whom should it 
be paid? When does the annual meeting of the districts 
formed from such dissolved district occuV ? What papers 
relating to such dissolution must be filed with the State 
Superintendent of Public Instruction? What appeal may 
be taken in these matters ? 



CHAPTER X 

MEETINGS IN UNION FREE-SCHOOL DISTRICTS 

[See Article 3 of Title VIII] 

ANNUAL MEETINGS 

Date. — The date fixed by law for the annual 
meeting of a union free-school district whose 
boundaries do not correspond to those of an in- 
corporated village or a city, is the first Tuesday of 
August. 

In a union free-school district whose bound- 
aries do coincide with the limits of an incorpo- 
rated village or a city no annual meeting is held. 
The election of officers in such districts occurs at 
the charter election and the usual business of the 
district is transacted by the board of education. 

Annual Meetings of Boards of Education. — 
The annual meeting of a board of education of 
a union free-school district whose boundaries do 
not correspond to those of an incorporated vil- 
lage or a city, is held on the first Tuesday follow- 
ing the date on which the annual meeting of the 
district is held. 

But the annual meeting of a board of educa- 
tion of a district whose boundaries correspond to 



SPECIAL MEETINGS 125 

those of an incorporated village or a city is held 
on the first Tuesday following the date on which 
the annual charter election of such village or city 
is held.* 

Notice of Annual District Meeting.— The board 
of education should give notice of the annual 
meeting by publishing the same in two news- 
papers in the district, weekly for four weeks im- 
mediately preceding the date of the annual 
meeting. If there are not two newspapers pub- 
lished in the district, then such notice should be 
printed in one paper. If no newspaper is pub- 
lished in such district, then such notice must be 
posted in at least twenty conspicuous places for 
at least twenty days before the time of such 
meeting. (Sec. lo, art. 2, title 8.) 

SPECIAL MEETINGS 

A union free-school district whose boundaries 
do or do not correspond to the boundaries of an 
incorporated village or a city may hold special 
meetings. Such meetings must be called by the 
board of education. 

* It is necessary lo obtain a clear understanding between the 
law relating to a union free-school district whose boundaries cor- 
respond to those of an incorporated villaoe or a city and the law 
relating to one whose boundaries do not so correspond. 



126 NEW YORK SCHOOL LAW 

Notice of Special Meeting. — The notice of all 
special meetings should be given by the board of 
education and in the same manner that notice of 
annual meetings is given. The notice of such 
meetings may be signed by the president and 
the clerk of the board, but this must be done 
under the direction of the board. The notice 
should state explicitly when and where the meet- 
ing will be held and the purpose for which it is 
called. 

Failure to Notify all Persons Qualified to Vote- 
A failure to notify all persons who are qualified 
to vote at such meetings will not invalidate the 
proceedings of a meeting unless it can be shown 
that such failure was willful and fraudulent. 
(Title 8, sec. 13.) 

Powers of Annual and Special Meetings to 
Vote Taxes. — In any union free-school district 
whose boundaries do not correspond to those of 
an incorporated village or a city, the voters of 
such district may direct by a majority vote in an 
annual or a special meeting that a sum of money 
shall be raised by tax to change, increase, or im- 
prove the site of the school-house of the district, 
or to purchase a new site or to repair the build- 
ings or erect new buildings, or to buy apparatus 
and fixtures, or to pay the salary of teachers, or 



SPECIAL MEETINGS 12/ 

for any other purpose touching upon the welfare 
of the school. Similar action may be taken at a 
special meeting regularly convened of a union 
free-school district whose boundaries do coincide 
with those of an incorporated village or a city. 

Notice of Tax Proposed for School Buildings. 
No vote to raise money by tax to purchase a new 
site or to change or add to the present site, or to 
build a new school-house, can be taken at a dis- 
trict meeting unless notice that such propOvSition 
will be presented, specifying amount, has been 
given by the board of education in the same man- 
ner as the notice of an annual meeting is given. 

Designation of Site. — The designation of a 
site must be by a written resolution describing 
the land by metes and bounds, and must receive 
a majority vote of those present and voting. 
The vote must be taken by recording the ayes 
and noes. The clerk of the meeting should 
make this record. 

Vote on Expenditureof Money.— On all propo- 
sitions arising at such meetings involving an ex- 
penditure of money or authorizing a tax levy, 
the vote must be by ballot or by taking and re- 
cording the ayes and noes. 

Directions as to Installments.— Such meetings 
may also direct that the money to be raised by 



128 NEW YORK SCHOOL LAW 

tax shall be paid in one payment or that it shall 
be paid by installments. 

Rescinding Vote or Reducing Amount. — No 

vote requiring money to be raised can be res- 
cinded nor can the amount voted to be raised be 
reduced at a subsequent meeting, unless it is an 
adjourned meeting or a meeting called for such 
purpose. If it is a meeting called for such pur- 
pose, notice must be given in the manner in 
which all notices for annual and special meetings 
are given. The notices must state that the pro- 
posed reduction or the proposition to rescind the 
vote authorizing such money to be raised, will 
be voted upon. 

May Borrow Money and Issue Bonds. — When- 
ever an annual or a special meeting of a union 
free -school district whose boundaries do not cor- 
respond with those of an incorporated village or 
a city votes a tax to be collected in installments 
for the purpose of building a new school-house 
or for repairing or enlarging the school-house of 
the district or for the purchase of a new site or 
an addition to the present site, the trustees or 
boards of education are authorized by law to 
borrow the money necessary at a rate not to ex- 
ceed six per cent., and to issue bonds or other 
evidences of indebtedness therefor. The bonds 



SPECIAL MEETINGS 129 

shall be paid at maturity and shall not be sold 
below par. 

In a union free-school district whose bound- 
aries correspond to those of an incorporated vil- 
lage or a city, the corporate authorities of such 
village or city may take similar action when a 
special meeting of the district has voted to raise 
a tax by installments for the purposes herein- 
before specified. (Section 9, title 8.) 

Sale of Such Bonds. — In a union free-school 
district whose boundaries do not coincide with 
those of an incorporated village or a city, the 
board of education of such district shall give 
notice of the time and place of the sale of such 
bonds, at least ten days prior to the date of such 
sale. This notice may be given by being pub- 
lished twice in each of two newspapers of the dis- 
trict, if there are two, and in one paper, if there 
is but one. If no newspaper is published in the 
district, then a notice of such sale must be posted 
in ten of the most conspicuous places of the dis- 
trict, at least ten days previous to the sale. The 
trustees having charge of the issue or payment 
of such bonds, are required to make an annual re- 
port thereof to the clerk of the board of supervis- 
ors of the county in which the district is located, 
on or before the first day of November. 
9 



I30 NEW YORK SCHOOL LAW 

In a union free-school district whose limits do 
coincide with those of an incorporated village or a 
city, such bonds must be prepared by the board 
of education and signed by the president and the 
secretary of such board and delivered to the 
treasurer of such incorporated village or city and 
countersigned by him. The treasurer of such 
village or city shall give notice of the time and 
place of the sale of such bonds in the same man- 
ner as it is required that boards of education of 
districts whose limits do not coincide with those 
of an incorporated village or a city shall give such 
notice. The proceeds of the sale of these bonds 
must be paid into the treasury of such incor- 
porated village or city to the credit of the board 
of education of such district. 

Tax for Teachers' Salaries. — After all moneys 
apportioned to union free-school districts for 
teachers' salaries have been applied therefor, the 
am^ount necessary to pay the balance of such un- 
paid salaries, if any, must be raised by tax, and 
the proper authorities may levy and assess such 
tax without a vote of the district. 

Union Free-School Districts Recognized as 
School Districts. — For the purposes of the 
apportionment and distribution of school money, 



REVIEW QUESTIONS I3I 

every union free-school district is regarded 'and 
considered a school district. 



REVIEV7 QUESTIONS 

What union free-school districts hold an annual meet- 
ing? On what date ? What union free-school districts do 
not hold an annual meeting? When does the election of 
officers occur in these districts ? How is the usual busi- 
ness of such districts transacted? How may union free- 
school districts be classified according to their boundaries? 
When does the annual meeting of the board of education 
of each of such districts occur ? Who gives notice of the 
annual meeting of a union free-school district ? How must 
such notice be given ? What union free-schools districts 
may hold special meetings? How are such meetings 
called? Who gives the notice of such meeting? What 
must the notice state ? What is the effect of a failure to 
notify all qualified voters of such meeting? 

How may a district whose boundaries do not coincide 
with those of an incorporated village or a city vote a tax 
for a site, buildings, apparatus, and other matters for the 
general welfare of the school ? How may a district whose 
boundaries do thus coincide vote a tax for such purposes? 
For what purpose must a notice to vote taxes be given 
before such taxes can.be voted? How must such notice 
be given ? In what manner may a site be designated ? 
How must the ballot be taken ? How must all votes on a 
proposition involving an expenditure of money be taken? 
At what meeting can a vote to raise money be rescinded, 
or the amount to be raised be reduced ? If it is at a special 
meeting, what must the notice of such meeting state ? 

In what union free-school districts and for what purposes 
may a board of education borrow money and bond such 
districts ? When may a board of education do this ? What 
is the provision of law relative to the interest on the money 
borrowed and also the price at which such bond shall be 
sold? In other union free-school districts what officers 
may take similar action? When? Describe how notices 
of the sale of bonds shall be given in union free-school 
districts whose boundaries do not coincide with those of an 
incorporated village or a city. What reports are trustees 
required to make in relation to such bonds? How are 



132 NEW YORK SCHOOL LAW 

such bonds prepared in a district whose boundaries 
coincide with those of an incorporated city or village? 
Describe how the sale of such bonds in these districts must 
be made. What is done with the proceeds of the sale of 
these bonds? When may a tax be levied and assessed 
upon a union free-school district for teachers' wages ? Is 
a vote of the district necessary ? Who may levy such tax ? 
What is meant by the proper authorities? For what pur- 
poses are union free-school districts regarded as school 
districts ? 



CHAPTER XI 

UNION FREE-SCHOOL DISTRICT OFFICERS 

[See Sections 5, 6, and 7, Art. i, Title VIII] 

TRUSTEES 

Number. — The number of trustees in each 
union free-school district cannot be less than 
three, nor more than nine. The voters of the 
district at the meeting at which the first election 
occurs should decide on the number of trustees 
to be elected. 

Date of Election. — The election of trustees, 
after the first election, of a union free-school dis- 
trict whose boundaries do not coincide with those of 
an incorporated village or a city, must occur at the 
annual meeting of such district, which takes 
place on the first Tuesday in August in each 
year, except in districts having over 300 children 
of school age, when the election may be held as 
hereinafter stated. (See page 141.) 

The election of trustees in a union free-school 
district whose boundaries do coincide with those of 
an incorporated village or a city, must occur on the 
date of the annual charter election of such incor- 
porated village or city. The trustees in these 



134 NEW YORK SCHOOL LAW 

districts should be elected in the same manner as 
the other officers of such incorporated village or 
city are elected. The ballots used in such elec- 
tion must be separated from the ballots for the 
other officers to be chosen at such election and 
must be endorsed " School Trustees." 

Method of Election. — These officers must be 
chosen by ballot. The ballots may be printed or 
written or partly printed and partly written. 
Ballot-boxes should be provided for the purpose. 
Inspectors should be chosen by the meeting, who 
should receive all the ballots, deposit them in the 
ballot-boxes, and, after the polls have closed, 
canvass the votes and announce the result. The 
candidate receiving a majority of all votes cast 
is duly elected. 

Classification of Trustees. — When a union free- 
school district is organized, the officers chosen at 
the first election shall be divided into three classes 
to be known as the first, the second, and the 
third class. The first class shall hold office for 
one year from the next annual meeting, if the 
district is one whose boundaries do not coincide 
with those of an incorporated village or a city ; 
and if the district is one whose boundaries do so 
coincide, then such first class shall hold offi.ce for 
one year from the date on which the next annual 



TRUSTEES 135 

charter election of such incorporated village or 
city occurs. The second and the third class shall 
likewise hold office for two and three years re- 
spectively from these dates, according to the 
boundaries of the district. 

Term of Office. — After the expiration of the 
term of office of trustees elected at the first meet- 
ing of a union free-school district newly organ- 
ized, the term of office of trustees of such district 
is three years from the date of their election. 
A year in this sense means from the date of one 
election to the next fixed by law. 

Trustees form a Board of Education. —The 
trustees of union free- school districts constitute 
the boards of education for those districts. The 
board of education of a district is known and des- 
ignated as the " Board of Education of district 
number of the town of " 

Eligibility of Trustees. — In order to be eligible 
to hold the office of trustee, or to become a mem- 
ber of a board of education in a union free-school 
district, a person must be a citizen of the United 
States, and a voter of the district in which 
such person is elected, and must also be able to 
read and write. Women possessing these quali- 
fications are eligible the same as men. Not 
more than one member of a family can serve on 



136 NEW YORK SCHOOL LAW 

a board of education in any district at the same 
time. (See sec. 8, tit, 8.) 

A school commissioner or supervisor is not 
eligible to be a member of a board of education. 
Hence, if a member of a board of education 
should accept either of these offices he would thus 
vacate his office as such member. (See section 5, 
article i, title 8.) 

Vacancies — How Filled, etc. — Vacancies in 
boards of education in any union free-school dis- 
trict may occur by death, by resignation, by re- 
fusal to serve, by removal froni district, or by 
removal from office. When a vacancy does occur 
from any of these causes, the board of education 
should fill such vacancy at once by appointment. 
If the board of education should fail to fill such 
vacancy within thirty days from the date on 
which it occurred and if such vacancy is not filled 
by special election of the district within that time, 
the school commissioner having jurisdiction may 
appoint a qualified person to fill such vacancy. 
The State Superintendent of Public Instruction 
has the authority to order a special election to 
fill a vacancy in a board in any district, and when 
such special election has been ordered, the va- 
cancy shall not be supplied in any other manner. 
(See subdivision 12, section 15, article 4, title 8.) 



TRUSTEES 137 

Removal from Office. — A board of education 
has the authority to remove any member of the 
board for official misconduct. The member 
charged with such conduct should be furnished 
with a written copy of specific charges, at least 
ten days before the date fixed for the hearing. 
The accused member should also be allowed a 
fair and impartial opportunity to refute the 
charges preferred against him. 

A member of a board of education may also be 
removed by the State Superintendent of Public 
Instruction for sufficient cause. 

In this procedure also, the accused member 
must receive notice of the charges standing 
against him and must have a fair chance to re- 
fute or disprove them. A willful failure to per- 
form any duty required of him by the Superin- 
tendent, or a lack of proper diligence in obeying 
an order of the Superintendent, or any other 
willful violation or neglect of duty is sufficient 
cause for removal from office by the Superin- 
tendent. (See sections 1 5 and 29, article 4, title 8.) 

Boards Bodies Corporate. — All boards of edu- 
cation are corporate bodies, and all school dis- 
tricts municipal corporations. 

Boards Select Their President. — At the first 
meeting of a board of education and at each 



138 NEW YORK SCHOOL LAW 

annual meeting thereafter, such board shall elect 
one of their number president. 

Appointment of Clerk of the Board. — The 
board of education of a district whose boundaries 
do not coincide with those of an incorporated 
village or a city may appoint one of their number, 
or some other qualified voter of the district, clerk 
of the board of education. A teacher employed 
in the district is also eligible to the office of clerk. 
The clerk must perform the clerical work of the 
district and of the board, and is entitled to the 
compensation fixed by the district meeting. If 
the district meeting fails to fix the compensation 
of the clerk, the board of education should fix it. 

If a vacancy occurs in the office of clerk, such 
vacancy may be supplied by appointment by the 
board of education. 

In a union free-school district whose boundaries 
coincide with those of an incorporated village or a 
city, the clerk of such village or city usually acts 
as. clerk of the board of education. 

Appointment of Treasurer and Collector.— The 
board of education of a union free-school district 
whose boundaries do not correspond to those of 
an incorporated village or a city, has authority to 
appoint one taxable inhabitant of the district as 
treasurer and another as collector. These officers 



TRUSTEES 139 

hold their appointments subject to the pleasure 
of the board. The treasurer is to hold and dis- 
burse upon the orders of the board the moneys of 
the district. The collector should collect the 
taxes on all tax-lists placed in his hands for 
that purpose and pay over such money to the 
treasurer. 

(In a district whose boundaries do coincide with 
those of an incorporated village or a city, the 
treasurer and the collector of such village or city 
act as the treasurer and the collector of such dis- 
trict. ) 

Bonds of Treasurer and Collector. — The 
treasurer and the collector shall each within ten 
days after written notice of their appointment, 
and before entering upon the discharge of their 
duties, execute and deliver to the board of edu- 
cation in the amount which they may require, a 
bond with proper penalties and sureties for the 
faithful discharge of their duties. 

Failure to Execute Bonds. — If either the 
treasurer or the collector should fail to execute 
the required bond within the specified time, the 
office becomes vacant and the board should fill it 
by appointing another person. 

Librarian. — Boards of education have author- 
ity to appoint from time to time such librarians 
as in their judgment are necessary to take proper 



140- NEW YORK SCHOOL LAW 

care of the libraries of the district. (See subdi- 
vision 10, section 15, article 4, title 8.) 

Who May Vote for Officers in Union Free- 
School Districts. — Where no provision is made 
by special enactment, the general law defines the 
qualifications of voters at union free-school dis- 
trict meetings. (See chapter on ' ' Qualifications 
of voters.") Persons coming within these pro- 
visions may vote for officers at elections in these 
districts. 

The right of women to vote for the election of 
officers in a union free-school district whose 
boundaries coincide with those of an incorporated 
village or a city, is frequently claimed. The 
charters of cities or villages, or the special school 
acts governing the schools therein, in some 
cases contain a provision defining who may vote 
for members of the board of education. In 
such cases this special provision governs instead 
of the general law, and by it women might be 
debarred from voting. A provision that persons 
entitled to vote for members of assembly in 
such cities or villages would be qualified to 
vote for school officers, would exclude women; 
but in the absence of any such special provision 
women, as well as men, may vote for school offi- 
cers, if they possess the requisite qualifications. 



DISTRICTS OF 3OO CHILDREN. I4I 

ELECTION OF OFFICERS IN DISTRICTS HAVING 
MORE THAN 3OO CHILDREN. 

(See Section 14, Article 3, Title 8) 

Action of District. — In a union free-school 
district having more than 300 children of school 
age, which fact must be shown by the last 
annual report of the board of education to the 
school commissioner, a majority of the quali- 
fied voters at any annual meeting or at a special 
meeting called for that purpose, may decide 
that the election of trustees shall be held on the 
Wednesday next following the date fixed by 
law for holding the annual meeting of such dis- 
trict. Until such decision of the district shall be 
changed, the time for holding the election of ofii- 
cers of such district shall occur on such Wednes- 
day, between the hours of twelve o'clock noon 
and four o'clock P. M., and the trustees may by 
a resolution extend the time of such election 
until sunset. 

When Notice is Required. — When the holding 
of such election is to be at some place other than 
the public school-house, the trustees shall give 
notice of the place at which the election is to be 
held, at least one week before the time for hold- 
ing such election. This notice must be given by 



142 NEW YORK SCHOOL LAW 

publishing the same in some newspaper of the 
district or by posting it in three conspicuous 
places in the district. 

The election of members of the board of educa- 
tion in these districts must not be confounded 
with the annual meeting. The annual meeting 
of such districts must occur on the first Tuesday 
in August in each year, as required by law. All 
the business of the district to be transacted at the 
meeting of such district must be transacted at 
the annual meeting. The election of members of 
the board of education only, "must occur on the Wed- 
nesday following the annual meeting and no other 
business can be transacted at that thne. 

Inspectors of Election. — The board of educa- 
tion shall act as inspectors of election. If a ma- 
jority of the members of the board should not 
be present at the time the polls should open, 
those members present may appoint any of the 
legal voters of the district who are present to act 
as inspectors in the absence of the members of 
the board. If none of the members of the board 
are present at the time the polls should open, the 
legal voters present may choose three of their 
own number to act as inspectors. 

Record of Voters. — The clerk of the board of 
education is required by law to keep a record in a 



nSTRICTS OF 300 CHILDREN I43 

book provided for that purpose of the names of 
all voters who deposit their ballots at such 
elections. 

Refusal to Keep Record. — Any such clerk who 
shall refuse to keep such record or who shall 
neglect to perform his duties in this respect shall 
forfeit a sum of twenty -five dollars, to be sued 
for by the supervisor of the town. 

Challenge of Voters. — Any qualified voter at 
such elections may challenge the right of any 
person to vote who he has reason to think is not 
entitled to vote at such election. Any person 
thus challenged must make the following decla- 
ration before his ballot can be accepted: " I 
do declare and afiirm that I am and have been 
for thirty days last past an actual resident of this 
school district and that I am legally qualified to 
vote at this election. ' ' 

Upon a challenged party's making such decla- 
ration, the inspectors of election must accept his 
ballot. 

Penalty for Illegal Voting.— Any person, who, 
being challenged, shall willfully make a false 
declaration of his right to vote, is guilty of a 
misdemeanor. Any person not legally qualified 
who shall vote at such election or district meet- 
ing, without being challenged, shall forfeit the 



144 NEW YORK SCHOOL LAW 

sum of ten dollars, to be sued for by the super- 
visor of the town for the benefit of the school or 
schools of the district. 

Ballot- Boxes. — The board of education should 
provide at the expense of the district suitable 
ballot-boxes, in which the ballots of voters shall 
be deposited. 

Ballots. — These officers must be elected by 
ballot. The ballots used must be either printed 
or written, or partly printed and partly written. 

Canvass of Votes. — The inspectors shall count 
the votes cast, after the polls have closed. If the 
number of ballots exceeds the number of names 
on the poll-list kept by the clerk, the inspectors 
shall withdraw ballots enough to make them cor- 
respond. The inspectors shall then count the 
votes and announce the number cast for each 
candidate. Those receiving a majority of the 
votes cast, are elected to the various offices for 
which they received votes. The clerk should 
make a record of the result aunounced by the in- 
spectors. 

Special Election. — Whenever the time passes 
on which an election should be held, without the 
election's taking place, the board of education 
may call a special meeting for such election. If 
the board fails to call such election within twenty 



DISTRICTS OF 30O CHILDREN I45 

days after such time has passed, the school com- 
missioner having jurisdiction, or the State Super- 
intendent of Public Instruction, may order any 
inhabitant of the district to give notice of a 
special meeting for such election. This notice 
must be given by being published in two news- 
papers of the district once each week for four 
weeks, and if two newspapers are not published 
in the district, but one is, the notice may be pub- 
lished in such paper. If no paper is published 
in the district, then such notice must be posted 
in at least twenty of the most public places in the 
district at least twenty days prior to the date on 
which the meeting is to be held. 

Terms of Officers Chosen at Special Election.— 

The officers chosen at a special election shall 
serve until the date of the next annual meeting, 
and until their successors have been elected and 
have qualified. 

Settlement of Election Disputes. — All disputes 
relating to the regularity of these elections and 
to any acts of the inspectors or clerk should be 
referred to the State Superintendent for settle- 
ment. His decision in such matters is final. 

Limitation of These Provisions.— These pro- 
visions do not apply to union free-school districts 
in cities, nor to any union free-school district 
10 



146 NEW YORK SCHOOL LAW 

whose boundaries coincide with those of an incor- 
porated village. Nor can such provisions apply- 
to any union free-school district organized by a 
special act in which the time and method of 
electing officers in such district shall be fixed by 
a special provision which differs from the general 
law. Nor do these provisions apply to any of 
the union free-school districts of the counties of 
Suffolk, Chenango, Warren, Erie, and St. Law- 
rence. The election of officers in any union 
free-school district of any of these counties, 
whose boundaries do not coincide with those of 
an incorporated village or a city, must be held on 
the first Tuesday in August, the date of the an- 
nual meeting. 

REVIEW QUESTIONS 

How many trustees in a union free-school district ? How- 
is the number determined? When does the election of 
trustees in union free-school districts whose boundaries do 
not coincide with the boundaries of an incorporated village 
or a city occur ? When in districts whose boundaries do 
thus coincide ? In the latter case how are such trustees 
elected ? What is the requirement relative to ballots? In 
all cases how must trustees be chosen ? What kind of 
ballots must be used ? How are inspectors chosen at such 
election ? What are their duties ? How should the first 
trustees of a union free-school district be classified? For 
what period does each class hold office? What is the 
regular term of office ? What is one year in this meaning ? 

What constitutes a board of education ? How is a board 
of education named ? Who are eligible to membership on 
a board of education ? Are women eligible ? When ? How 
many members of a family may serve on the same board ? 



REVIEW QUESTIONS I47 

Is a school commissioner eligible ? A supervisor ? If a 
member of a board of education should accept either of 
these offices, what would be the result ? How may- 
vacancies on a board occur ? When a vacancy does occur 
how should it be filled ? Who may order a special election 
to fill such vacancy ? If it is not filled by the board of 
education within twenty days and if a special meeting is 
not called within that time, how may such vacancy be 
filled? 

For what reasons may a board remove any of its mem- 
bers ? What are the proceedings in such cases ? What 
privileges should be allowed the accused member? By 
what other authority may a member of a board be 
removed ? What are considered sufficient causes for 
removal ? What are the proceedings in such cases ? How 
is the president of a board of education chosen ? When ? 
How is a clerk chosen ? What are the qualifications of 
a clerk ? What are a clerk s duties ? Who determines the 
compensation of a clerk ? Who is clerk of the board of 
education of a union free-school district whose boundaries 
coincide with those of an incorporated village or a city? 

How is a treasurer chosen in a district whose boundaries 
coincide with those of an incorporated village or a city? A 
collector ? Who are eligible to these offices ? For what 
period are they appointed ? What is the duty of the treas- 
urer? Of the collector? What bond must each of these 
officers give ? Within what period? For what amount? 
What is the effect if these bonds are not given ? How are 
such vacancies filled ? What is the duty of a board in rela- 
tion to librarians ? 

Who are entitled to vote for officers in union free-school 
districts ? In what cases may wo7nen vote for these officers ? 
In what cases are they not entitled to vote ? 

What union free-school districts may elect officers on 
the Wednesday following the annual meeting? When? 
Between what hours must such election occur? Until 
what time may the election be extended? Where is such 
election held? When may it be held elsewhere? What 
notice must be given of "such change of place ? What 
business onl}'-, can be transacted at such election?' 
When must the annual meeting of such district be held? 

Who act as inspectors at such election ? If a majority 
of the board are not present at the opening of the polls, 
how are such vacancies filled? If none of the members 
of the board are present, how are inspectors chosen? 



148 NEW YORK SCHOOL LAW 

What poll-list should be kept? By whom? What is the 
penalty for refusal to serve in this capacity? 

Who may offer a challenge at such election ? What 
affirmation must the challenged person make ? Upon his 
making such affirmation what must the inspectors do? 
What is the penalty for making a false declaration ? What 
is the penalty for illegal voting when not challenged ? 
How is such fine collected? For what purpose should it 
be used ? 

By whom should ballot-boxes be supplied? How must 
officers be elected at these elections ? What kind of ballots 
may be used ? Describe how the votes cast should be 
counted ? 

When should a board of education call a meeting for a 
special election ? When may a school commissioner 
order such election ? The State Superintendent ? What 
notice must be given of such election ? For what 
period are the officers elected at such special meeting 
chosen ? How are all disputes relating to such elections 
settled ? To what districts do not these provisions for 
election of officers apply ? 



CHAPTER XII 

BOARD OF EDUCATION — POWERS AND DUTIES 
(See Article 4, Title VIII) 

Adopt By-Laws for Its Government. — A board 
of education has authority under the law to adopt 
such by-laws and rules for its government as it 
shall deem necessary to discharge properly the 
duties imposed upon it by law. 

Adopt Regulations for Schools.— A board has 
authority also to adopt such rules and regulations 
as it shall deem wise and necessary for the pro- 
motion of the educational interests of the district, 
for the preservation of order and discipline in 
the schools, and for the protection of the district's 
property. 

While a board has authority to adopt general 
rules to govern a school and to aid in the disci- 
pline thereof, such authority must not be con- 
strued as giving the board absolute power to 
control the discipline and order of the school. 
General rules may be adopted by the board, 
but the teacher is the authority to execute such 
rules, and may determine a mode of punishment 
not in conflict with the rules of the board. 



I50 NEW YORK SCHOOL LAW 

A teacher has authority also to establish such 
rules for the preservation of order as are not in 
conflict with the rules adopted by the board. 

Courses of Study.— It is the duty of boards of 
education to arrange courses of study for the 
schools under their jurisdiction, to determine in 
what manner pupils shall be graded or classified, 
and to determine the basis upon which pupils 
shall be promoted from grade to grade, or from 
one department to another department. (See 
chapter 25, " Methods of instruction and pro- 
gram of work.") 

By special provision of law, boards of educa- 
tion are required to provide for instruction in 
physiology and hygiene, with special reference 
to the effects of alcoholic stimulants and narcotics 
upon the human system. 

Prescribe Text-Books. — They are to prescribe 
the text-books to be used in the schools under 
their charge, and to require a uniformity in the 
use of such books. They shall also furnish text- 
books to poor pupils out of any moneys provided 
for that purpose, and free text-books for all 
pupils when funds have been voted therefor. 

Purchase Sites. — When directed to do so by a 
district meeting, boards of education should pur- 
chase a site or sites or an addition to a site or 
sites for school-houses. 



BOARD OF EDUCATION 151 

Erect and Repair Buildings. — They should 
construct a school-house or school-houses when 
directed to do so by a district meeting, and 
should keep the school buildings in good repair. 

Purchase Furniture, Apparatus, etc. — A board 
of education has the authority to purchase all 
necessary furniture, apparatus, fuel, and other 
necessaries, and to keep the furniture and appa- 
ratus in good repair. 

May Hire School Rooms and Furnish Them.— 

When the rooms in a school-house are over- 
crowded and the capacity of a school-house is in- 
sufficient to accommodate all the pupils, or when 
the school -house has been injured or destroyed 
in any way so as to render it unfit for use, the 
board of education may hire suitable rooms in 
which to conduct the school, and may fit up and 
furnish such rooms in a suitable manner, for the 
purpose of conducting school therein. 

Insure School Property.— The board should 
insure all school buildings and appendages 
thereof owned by the district, the furniture and 
apparatus, and the library, in some company or 
companies created by or under the laws of the 
State of New York. The board has power to com- 
ply with the provisions of the policy and to raise 
the premiums thereof by a tax upon the district. 



152 NEW YORK SCHOOL LAW 

Custody of Property.— The custody and pos- 
session of all public school buildings, sites, lots, 
furniture, books, apparatus and all school prop- 
erty, and the title to the same are vested, in union 
free-school districts, in the board of education in 
each of such districts. For any and all purposes 
this property is exempt from taxation. 

May .Sell Property and Exchange Real 
Estate. — When a board of education is so 
authorized by the qualified voters of any district, 
it may sell at such price and upon such terms as 
directed, any former lot or site and any real estate 
the title of which is vested in the board, and any 
buildings or appurtenances thereon. The board 
has authority also to convey any such property 
by deed and to execute the same, which may be 
done by a majority of the members of the board. 
Any money realized from the sale of such prop- 
erty must be applied by the board as directed in 
a resolution by the voters of the district. 

The board may also, when so directed, ex- 
change any real estate belonging to the district 
for the purpose of improving or changing the 
school-house site. 

May Hold Real Estate in Trust. — A board of 
education may take and hold any real estate for 
the use of the schools or any department of the 



BOARD OF EDUCATION 153 

schools of their district, transmitted to the dis- 
trict by gift, grant, bequest or devise; or any 
gift, legacy, or annuity given or bequeathed to 
said board. Such board must apply the same, or 
the interest or proceeds thereof, as directed by 
the donor or testator. 

Control of Schools. — Boards of education of 
union free schools have in all respects the su- 
perintendence, management, and control of such 
schools. In such control and management a 
board must be governed by the statute, and by 
the general power given the State Superin- 
tendent. 

Establishment of Academic Department.— The 
power to establish an academic department is 
vested in the board of education. This may be 
established whenever the board deems it neces- 
sary. 

Admission of Non-Resident Pupils to Academic 
or Other Departments. — The admission of non- 
resident pupils to the academic or other depart- 
ments shall be under the regulations adopted by 
the board of education, and the fee to be charged 
such students for this privilege shall also be regu- 
lated by the board. Whenever the parent or the 
guardian of non-resident pupils shall be taxed for 
school purposes, because of property owned by 



154 NEW YORK SCHOOL LAW 

either of them and assessed in the district at 
which such non-resident pupils attend school, 
the amount of tax thus paid must be deducted 
from the tuition fee to be paid. 

Employment of Teachers.— It is the duty of a 
board to employ all teachers required for the 
schools under their jurisdiction and the depart- 
ments thereof. Such teachers must be legally 
qualified, as required by law. No teacher who 
is related by blood or marriage to any member of 
a board can be employed as teacher by such 
board, except upon the written consent of two- 
thirds of the members of the board, and the fact 
of such consent must be entered on the proceed- 
ings of the board. 

It is the duty of each board at the time of 
employment to deliver or cause to be delivered 
to each teacher, a written contract, signed by the 
members of the board or by some person duly 
authorized to represent the board. This contract 
should express the terms of agreement between 
the board and the teacher, and should be explicit 
as to the amount of compensation, term of em- 
ployment, the times when salary shall be paid, 
and the grade of teaching or department in which 
the teacher is to be employed. The salary must 
be paid under the law as often as at the end of 



BOARD OF EDUCATION 155 

each calendar montli of the term of employment. 
Boards are also directed to pay the wages of 
teachers out of money appropriated for that pur- 
pose. 

Removal of Teachers. — A board of education 
cannot remove a teacher during his or her term 
of employment except for ** neglect of duty, 
incapacity to teach, immoral conduct, or other 
sufficient cause. 

May Fill Vacancies in Board — May Remove 
Members. — The board of education may fill any 
vacancy which may arise on such board. A board 
may also remove any of its members for official 
misconduct. But first, the board must serve on 
the member thus charged, a copy of the written 
charges, which must be specific ; and this copy 
must be served on such member at least ten days 
before the date fixed for the hearing. The ac- 
cused must also be allowed a full and fair oppor- 
tunity to refute the charges thus made. 

Water-closets, Stairways, etc.— It is the duty 
of a board of education to provide two suitable 
and convenient water-closets for each of the 
schools under their charge, as required by law, 
and the board must keep them in a clean and 
wholesome condition. Any tax involved for this 
purpose may be levied and assessed upon the 



156 NEW YORK SCHOOL LAW 

district without a vote at a district meeting. (See 
chapter on "Sites and school buildings," p. 183.) 

The board shall also cause to be erected and 
maintained on the outside of all school buildings 
which are more than two stories high, proper 
stairways with doorways leading thereto from 
each floor above the first, for use in case of fire. 
The tax for this purpose may likewise be levied 
by the board without a vote of the district. 

General Powers and Duties. — By provision of 
law, boards of education possess all the powers 
and privileges and are subject to the same duties 
in relation to common schools or common-school 
departments in any union free school in said 
district which are possessed by the trustees of 
common schools or to which such trustees are 
subject under the school law and which are not 
inconsistent with the provisions of law govern- 
ing union free schools. When an academic de- 
partment has been established by a board, the 
board possesses the same powers that are held 
by the trustees of academies. 

Board May Appoint Superintendent of 
Schools. — In an incorporated village or in any 
union free-school district which has a population 
of five thousand or more, the board of education 
may appoint a superintendent of schools. The 



BOARD OF EDUCATION 1 5/ 

population of such district or village shall be 
ascertained by an enumeration of the inhabitants 
therein ; the expense of such enumeration shall 
be a charge upon the district. Such superintend- 
ent shall be under the direction of the board of 
education and the board shall prescribe his duties 
and fix his compensation. He may be removed 
from office by a majority vote of the board. 

A district thus employing a superintendent is 
entitled to receive from the State, in its appor- 
tionment of the State school moneys, the addi- 
tional sum of eight hundred dollars. 

Record of Proceedings. — Boards are required 
to keep an accurate record of all of their proceed- 
ings in books provided for that purpose, and 
these records must be open to the inspection of 
qualified voters of the district at all reasonable 
hours. 

Must Publish Statement of Receipts and Dis- 
bursements. — Boards of education are required 
by law to publish each year at least twenty days 
immediately preceding the annual meeting of the 
district a full and complete detailed account of all 
moneys received by the board or by the treasurer 
and of each item of purchase or expense and the 
amount thereof. This may be published in a 
newspaper ; but if no newspaper is published in 



158 NEW YORK SCHOOL LAW 

the district, the statement must be posted in at 
least five public places in the district. 

Board Should Report Estimated Expenses. — 

The board should report to the annual meeting 
an estimate in writing of the money needed for 
school purposes for the ensuing year. This re- 
port should state the purposes for which the 
money will be needed and the amount for each 
of such purposes. Such statement could also be 
presented at a special meeting called for that 
purpose. 

Vote on Taxes for Such Estimate. — In a union 
free-school district whose boundaries do not coin- 
cide with those of an incorporated village or a 
city, the annual or special meeting, upon receiv- 
ing such estimate, should vote upon levying taxes 
to meet such estimated expenditures. If de- 
manded by any voter, a separate vote should be 
taken upon each item. The meeting may increase 
the amount for any item and may decrease the 
amount for any item, except for teachers* wages 
and contingent expenses. 

Board May Levy Tax Without Vote. — If a 
meeting should neglect or refuse to vote the esti- 
mated amount for teachers' salaries, the board, 
after applying all available funds therefor, may 
levy a tax upon the district for the balance of the 



BOARD OF EDUCATION 1 59 

money needed, without a vote of the district to 
authorize it. The same action may be taken by 
the board on the amount estimated for contingent 
expenses. 

Settlement of Disputes on Contingent Ex- 
penses. — All disputes that may arise as to what 
contingent expenses are, should be referred to 
the State Superintendent, and his decision shall 
be final. 

City or Village Authorities May Levy Tax. — 

Boards of education in union free-school districts 
whose boundaries coincide with those of an in- 
corporated village or a city, should prepare a 
written statement, addressed to the corporate 
authorities of such village or city, showing the 
amount of money necessary for teachers' wages 
and for the ordinary contingent expenses of the 
district. The statement should be specific, show- 
ing the several items and the amount of money 
therefor for which it is proposed to make an ex- 
penditure. The corporate authorities, upon the 
receipt of such statement, should levy a tax upon 
the real and personal property of their village or 
city, in the same manner that taxes are levied 
for the expenses of the municipal government, 
and for the same amount that the board of 
education claimed in their statement would be 
necessary for school purposes. Such corporate 



l6o NEW YORK SCHOOL LAW 

authorities have no discretion in the matter what- 
ever, but are required to levy such tax. 

Whenever the voters of such union free-school 
districts shall have decided at a special meeting, 
duly convened, to expend any amount for a new 
site, in addition to the present site, or for the 
erection of school buildings, or for apparatus or 
fixtures, or for any other purpose for the wel- 
fare of the school system of such district, the 
said corporate authorities must also raise such 
amount by tax in the same manner as for any 
other corporate purpose. (Section 9, article 2, 
title 8.) 

Regular Meeting. — Boards of education are 
required by law to hold regular meetings at 
least once each quarter, and they may hold them 
oftener. 

The meetings of a board shall be public and 
any legal voter of the district may be present. 
Boards may, however, hold executive sessions, 
and at such sessions only members of the board 
or those invited by the board shall be present. 

Visitation of Schools. — Boards shall appoint 
from their members visiting committees, whose 
duties shall be to visit the schools and depart- 
ments under their supervision at least twice each 
quarter and to present a report to the board at its 



BOARD OF EDUCATION l6l 

next regular meeting after any such visits have 
been made. 
Application of School Moneys.— Boards of 

education must use all moneys received for com- 
mon schools, for the support of schools below the 
academic department. Such moneys cannot law- 
fully be used for the support of an academic 
department. The money received from the 
literature fund or from any other source for an 
academic department must be applied to the sup- 
port of such department, and cannot legally be 
used for the support of any other department. 

Money to be Held by City or Village Treas- 
urer. — All moneys raised for the support of 
union free schools in any city or incorporated vil- 
lage, or apportioned to such districts from the 
income of the literature, the common-school, or 
the United States deposit funds, or from any 
other source, must be paid into the treasury of 
such city or district. This fund must be kept by 
the treasurer separate from all other funds in his 
possession. The treasurer is also required to 
give such additional security for the safe keeping 
of this money as the corporate authorities may 
require. 

How Money Shall be Disbursed. — Before any 

of such money shall be disbursed the board of 
II 



l62 NEW YORK SCHOOL LAW 

education must pass a resolution directing what 
amount shall be expended and the purpose or 
purposes for which it shall be used. Upon such 
resolution of the board, drafts shall be drawn by 
the president and countersigned by the secretary 
or clerk. These drafts should show the pur- 
poses for which the money is expended. 

Moneys to be Held by Treasurer of Board. — 
All moneys raised in a union free-school district 
whose boundaries do not coincide with those of 
an incorporated village or a city, and all moneys 
apportioned to such districts from any fund or 
source shall be paid to the treasurer of the board 
of education. 

Disbursement of Such Moneys. — Moneys in 
these districts shall be disbursed in the same man- 
ner as they are by treasurers of incorporated vil- 
lages or cities. 

Supervision of State Superintendent. — The 
State Superintendent of Public Instruction has 
general supervision of each and every union free 
school and all their departments. He also has 
general supervision of boards of education and 
their management of the school system. 

Boards to Make Reports. — On the first day of 
August of each year every board of education 
must file with the town clerk of the town in 



BOARD OF EDUCATION 163 

which the school-house of its district is located, 
a report to the school commissioner having juris- 
diction, for the school year ending July 31st 
preceding. The report should include all infor- 
mation required by law and all that the State 
Superintendent of Public Instruction shall re- 
quire. Boards of education must also, upon the 
request of the State Superintendent of Public 
Instruction, make a special report to him on any 
designated subject relating to the condition of 
their school or schools. 

Authority of Regents Over Academic Depart- 
ments. — The Regents of the University of the 
State of ]Mew York are authorized to visit any aca- 
demic department organized in a union free-school 
district. The Regents employ inspectors for this 
purpose. All matters pertaining to the course of 
study in such academic departments shall be sub- 
ject to the regulations adopted by the Regents. 
The qualifications for entrance to such depart- 
ment must be as high as those established by the 
Regents for participation in the literature fund. 
The Regents have no authority over the buildings 
in which an academic department is conducted. 

Board of Education May Adopt an Academy 
as an Academic Department. — If an academy 
exists in a district organized as a union free- 



164 NEW YORK SCHOOL LAW 

school district, the board of education, if directed 
by a vote of the district to do so, may adopt such 
academy as the academic departmentof the union 
free-school district. Consent to such transaction 
must, of course, be obtained from the trustees of 
such academy. The trustees of such academy, 
when they have given such consent, should pass 
a resolution declaring their office as trustees 
vacant. A certificate to the effect that such 
resolution was adopted should be signed by the 
officers of the board of trustees of such academy 
and filed in the office of the clerk of the county 
in which such academy is located. After these 
various steps have been taken such academy be- 
comes the academic department of such union 
free school. 

Board May Lease an Academy. — Whenever 
a board is directed to do so by the voters of a dis- 
trict it may lease an academy and site in such 
district and conduct the academic department of 
the school district in such building. 

Expenses of Representatives of Boards of 
Education To Attend Educational Meetings Is 
Not a Proper Public Charge. — In July, 1899, the 
clerk and two members of the board of education 
of the city of Syracuse attended the annual meet- 
ing of the National Educational Association 



REVIEW QUESTIONS 165 

at Los Angeles, Cal. These representatives 
attended under direction from the board of edu- 
cation. Their legitimate expenses in attending 
this meeting were audited by the board of educa- 
tion. An action was brought by a tax-payer of 
the city of Syracuse to restrain the board of 
education from paying these expenses. The 
supreme court held that such expenses were not 
a proper public charge. An appeal was taken 
from the action of the court to the appellate 
division. This court for the fourth department 
affirmed the action of the supreme court. There 
is no doubt but that the ruling of the court in 
this matter applies to the powers of each board 
of education in the State. (52 App. Div. 579.) 

REVIEW QUESTIONS 

How are rules tor the government of a board of educa- 
tion adopted? What regulations may a board adopt for 
schools? Explain the relation of a teacher to such 
regulations ? 

Who is the proper authority to adopt courses of study 
for union free schools? Who determines how pupils shall 
be graded, classified, and promoted ? In what subject are 
boards of education required by special provision of law 
to provide for instruction ? What authority has a board 
of education in determining the text-books to be used in 
their school ? When may a board provide text-books for 
pupils? 

When may a board purchase a site? Erect buildings? 



l66 NEW YORK SCHOOL LAW 

Repair buildings? Purchase furniture or apparatus? 
Hire school-rooms and furnish them ? What is the duty 
of a board in relation to insuring property? How may 
premiums for such insurance be raised? Who is the cus- 
todian of the property owned by a union free-school 
district? What does such property include? Is such 
property subject to taxation ? 

When may a board sell real property of the district? 
How is title to such property transferred? What dispo- 
sition must be made of the money thus realized ? When 
may a board exchange real estate? What power has a 
board relative to holding property in trust ? 

What general control of schools under its jurisdiction 
has a board of education? By what authority is the con- 
trol of aboard limited? Who determines the conditions 
under which non-resident pupils are admitted? What is 
the law relative to tuition of such pupils in cases where 
their parents or guardians are taxed for school purposes? 
By whom are teachers employed? What prohibition is 
there relative to the teachers that a board may employ ? 
What is the law relative to the contract between teachers 
and board? What should such contract express? For 
what causes may a board remove a teacher? What power 
has a board of education to fill a vacancy on such board? 
What power has a board to remove any of its members ? 
What is the duty of a board in providing water-closets and 
in keeping them in proper condition ? What in relation to 
outside stairways? What general powers of trustees of 
common-school districts are conferred upon boards of 
education ? What powers of trustees of academies ? 

When may a board of education appoint a superintend- 
ent of schools? How is the population of such district 
determined? By whom are the duties of such superintend- 
ent prescribed? How may he be removed from office? 
What amount is such district entitled to receive from the 
State for employing such superintendent ? 



REVIEW QUESTIONS 167 

What records are boards required to keep ? Who may- 
inspect such records? State fully what is required of 
boards relative to publishing receipts and disbursements. 
What estimates are boards required to present to annual 
meetings ? What action should be taken upon such esti- 
mate at a district meeting? What estimates may be re- 
duced ? What estimates cannot be reduced ? What esti- 
mates may be increased? If a district meeting should 
refuse to vote a tax for teachers' salaries, what action may 
a board take? What in case of contingent expenses? 
How may disputes relative to contingent expenses be 
settled? When should a board of education present an 
estimate to the corporate authorities of a city or village? 
For what should such estimate be made? What is the 
duty of such corporate authorities when such estimate is 
properly presented to them ? What is the duty of such 
corporate authorities when the district has voted an expen- 
diture for sites or buildings? 

What meetings must boards of education hold? How 
often? Must these meetings be public? What are execu- 
tive meetings? What provision should a board make 
for visitation of schools ? 

What use must be made by a board of the money appor- 
tioned for common-schools? How must the money 
received from the literature fund or for an academic 
department be used? Who holds the school funds in a 
union free-school district whose boundaries coincide with 
those of an incorporated village or a city? How must the 
funds of such district be kept? What additional security 
must such treasurer give ? How are the funds of such 
district disbursed ? Who holds the funds of a union free- 
school district whose boundaries do not coincide with 
those of an incorporated village or a city ? How are such 
funds disbursed ? 

What supervision has the State Superintendent over 
union free schools? Over boards of education? What 



1 68 NEW YORK SCHOOL LAW 

reports are boards of education required to make ? When ? 
To whom? Where should such report be filed? What 
information should it contain? What authority has the 
board of regents over academic departments of union free 
schools ? 

When may an academy be adopted as the academic 
department of a union free school ? State fully what steps 
should be taken in proceedings of this kind. When may 
a board lease an academy and its site ? 



CHAPTER XIII 

VOTERS AT SCHOOL DISTRICT MEETINGS — QUALI- 
FICATIONS, CHALLENGES, ETC. 
[See Sections ii and 12, Art. i, Title VII] 

Note. — The qualifications of voters in union 

free-school districts are the same as those of 

voters in common-school districts. No distinction 

is made by law between the qualifications of 

voters in these two classes of districts or in the 

penalty for illegal voting. By the provisions of 

this section of the Consolidated School Law, 

there are four classes of persons entitled to vote 

at school district meetings in this State. These 

classes are clearly defined in a circular letter 

issued by the State Superintendent of Public 

Instruction, as follows : 

Who Are Voters. — Four classes of persons are entitled 
to vote at school district meetings. All voters must have 
the following general qualifications: 

General Qualifications. 

1. A citizen of the United States. 

2. Twenty-one years of age at least. 

3. A resident within the district for a period of at least 
thirty days next preceding the meeting at which he or she 
offers to vote. 

Any person who possesses the above general qualifica- 
tions and any one of the four following special qualifica- 
tions is entitled to vote. 



170 NEW YORK SCHOOL LAW 

Special Qualifications. 

1. One who owns or hires, or is in the possession under 
a contract of purchase of real prooerty in such district 
liable to taxation for school purposes. 

2. One who is the parent of a child of school age, pro- 
vided such child shall have attended the district school in 
the district in which the meeting is held for a period of at 
least eight weeks within the school year preceding such 
school meeting. 

3. One who, not being the parent, has permanently resid- 
ing with him or her a child of school age who shall have 
attended the district school for a period of at least eight 
weeks within the school year preceding such meeting. 

4. One who owns any personal property assessed on the 
last preceding assessment roll of the town exceeding 
fifty dollars in value, exclusive of such as is exempt from 
execution. 

Women possessing any of the above qualifications are 
entitled to vote. 

Both parents are entitled to vote when they have a child 
or children who attended school eight weeks during the 
preceding school year in that district. 

But one such person, however, can vote where the right 
to vote depends upon their having children not their own 
residing with them, and that person rnust be the head of 
the family. 

Residence. — A person to become "a resident" 
of a school district must actually reside in such, 
district for a period .of at least thirty days imme- 
diately preceding any annual or special meeting 
held in such district. 

Challenge of Voter. — No person can take part 
in the transaction of any business of a district 
meeting who is not a legal voter at such meeting. 
The right of any person to vote at a school dis- 



VOTERS AT SCHOOL DISTRICT MEETINGS I/I 

trict meeting cannot be questioned or challenged 
by any person except a duly qualified voter. 
When a person offering to vote at a district 
meeting is challenged by a qualified voter, the 
chairman of such meeting should require the per- 
son thus challenged to make the following de- 
claration : " I do declare and affirm that I am and 
have been for the thirty days last past an actual 
resident of this school district and that I am 
qualified to vote at this meeting." Any person 
who shall make such declaration is entitled to 
vote upon all propositions which arise at such 
meeting. A person thus challenged who refuses 
to make such declaration should not be permitted 
to vote upon any question before the meeting. 
Neither the district meeting nor the officers of 
such meeting have authority to pass upon the 
qualifications of any voter. Even if the officers 
of such meeting kriow the declaration made by a 
person challenged to be false, they cannot refuse 
to accept his vote. The proper course to pursue 
is to accept such vote, and proceed against the 
offender as the law provides. 

Penalty for Illegal Voting. — A person who has 
been challenged at any school district meeting 
and who willfully makes a false declaration of his 
or her right to vote at such meeting, is guilty of 



172 NEW YORK SCHOOL LAW 

a misdemeanor which is punishable by fine or 
imprisonment or both. 

A person voting at any school district meet- 
ing who has not been challenged and who is 
not a qualified voter at such meeting, forfeits 
the sum of five dollars, which should be sued 
for by the supervisor of the town for the benefit 
of the school district. 

A person thus voting at an election held on 
Wednesday following the annual meeting in a 
district having 300 children or more of school 
age likewise forfeits ten dollars. 

Under section 41k of the Penal Code any person 
not qualified who knowingly votes or offers to 
vote, or who makes a false declaration when chal- 
lenged at any school district meeting is guilty of 
a misdemeador. 

Decisions of State Superintendents. — The 
State Superintendents of Public Instruction have 
established the following rulings, which govern 
questions at the present time involving these 
points of law : 

1. An alien is not a legal voter at a school dis- 
trict meeting, although he may reside in the 
school district, own lands in the district, or have 
children of school age residing with him who 
attend school in the district. 

2. The proceedings of a school district carried 



REVIEW QUESTIONS 1/3 

by illegal votes will be set aside on appeal to the 
State Superintendent. 

3'. When the illegal votes cast at a school-dis- 
trict meeting would not change the result of any 
of the proceedings of such district meeting, the 
proceedings will not be set aside. 

4. The chairman of a school district meeting is 
entitled to vote upon all questions coming before 

the meeting for determination. 

5. The chairman of a school district meeting is 
not entitled to cast the deciding vote in case of a 
tie, if he has already voted on the question. 

6. A man is not entitled to vote on account 
of the qualifications of his wife, nor is a woman 
entitled to vote upon the qualifications of her 
husband. 

7. The law does not declare the amount of real 
estate which a person must own or rent to entitle 
such person to vote at a school district meeting. 

8. The residence of a person must be bona fide 
to entitle such person to vote at a district meeting. 

9. Prima facie, the place where a person lives 
is deemed his residence. 

10. Where a person removes from one place to 
another with an intention of making the latter his 
permanent residence, that place immediately be- 
comes his residence. 

11. No person can vote upon any proposition 



174 NEW YORK SCHOOL LAW 

before a district meeting who is not a qualified 

voter. 

REVIEW QUESTIONS 

Is there a difference between the quahfications of voters 
in common-school districts and those of the voters in 
union free-school districts ? Is there in the penalty for 
illegal voting ? Into how many classes may the voters of 
school district meetings be arranged? What are the quali- 
fications of the first class ? Second class ? Third class ? 
Fourth class ? Can a person vote at a school district 
meeting if such person is not a resident of the district for 
which the meeting is held? State each of the four qualifi- 
cations which a voter must possess ? Can women possess- 
ing any of the four qualifications vote? Which of these 
four qualifications apply to married people? Which to 
single people ? Who may vote on the qualifications of the 
second class, father or mother ? Explain who are entitled 
to vote on the qualifications of the third class ? What is a 
" residence " ? 

Who may challenge the right of a person to vote at a 
district meeting? What declaration must a person chal- 
lenged make ? What is the effect of a challenged person's 
making such declaration ? A refusal to make such 
declaration ? Can the officers of a district meeting pass 
upon the qualifications of a voter? Even if the officers 
know that a false declaration has been made, can they re- 
fuse to accept the vote of the person who made it ? What 
course should be pursued in such case ? What is the 
penalty for making a false declaration regarding the right 
to vote? What is the penalty for illegal voting at a dis- 
trict meeting when the voter has not been called upon to 
make a declaration ? 

Can an alien vote at a school meeting if he possesses all 
other qualifications of voters ? What action may be taken 
upon any proceedings of a district meeting carried by illegal 
votes ? If the illegal votes cast do not affect the result of 
any proceedings, what is the ruling of the State Superin- 
tendent ? Upon what questions may a chairman of a 
meeting vote? Can a chairman cast a deciding vote in 
case of a tie if he has already voted on the question ? May 
a man vote on qualifications possessed by his wife ? May 
a women vote on the qualifications of her husband? 

Does the law fix the amount of real estate a person must 
own or rent to qualify him to vote ? Explain the rulings 
of the State Superintendent as given in numbers 8, 9, and 
10 of this chapter. 



CHAPTER XIV 

SITES AND SCHOOL BUILDINGS 

[Subdivisions 7 and 8 of Section 14 and Sections 19, 20 and 

21, Title VII] 

SITES 

Designation of Site. — A site for a school- 
house can be determined at a special meeting of 
the district only. Such special meeting must be 
duly called for that purpose. A written resolu- 
tion in which the proposed site is described by 
metes and bounds must be adopted by a majority 
vote of the qualified voters present and voting. 
The vote upon such resolution must be by ayes 
and noes. A record of such vote must be made, 
showing how each person voted upon the propo- 

sition. 

A district, at a special meeting, may designate 
two or more sites with the approval of the school 
commissioner having jurisdiction. The notice 
of such special meeting must state the proposed 
number of sites that will be voted upon. 

Improvement of Site. — The voters at a school 
district meeting may vote to improve the site or 
sites of such district or they may vote to enlarge 



176 NEW YORK SCHOOL LAW 

such site or sites. This action may be taken at a 
special or an annual meeting. 

Tax for Site. — The voters of a school district 
may vote a tax to purchase, lease, and improve 
the sites of such district. This tax must be levied 
and assessed in the same manner as taxes for 
other school purposes. 

Change of Site. — To change the site of a 
school-house owned by a, school district whose 
boundaries have not been altered and upon which 
there is a school-house erected or in process of 
erection, or to remove the school-house of such 
district, — two steps are necessary : 

First. The legal voters of such district by a ma- 
jority vote at a special meeting called for that 
purpose must adopt a written resolution desig- 
nating a new site and describing it by metes and 
bounds. The vote on such resolution must be 
by the ayes and noes, and a record must be made 
showing how each voter voted. If this resolu- 
tion fails to receive a majority vote in the affirma- 
tive, the site cannot be changed nor the school- 
house removed. 

Second, If such resolution should receive a ma- 
jority vote in the affirmative, it is then necessary 
to obtain the written approval of the school 
commissioner having jurisdiction. If a school 



SITES 177 

commissioner withholds his approval such 
changes cannot be made. Where the boundaries 
of a district have been changed since the district 
was formed, this approval is not necessary. 

Acquisition of Sites. — Where the owners of 
l-and will not consent to the sale of such lands for 
sites for school buildings, such lands may be ac- 
quired without their consent under the provi- 
sions of the " Condemnation Law." 

Sale of Former Site. — Whenever the site of a 
school-house is changed as provided above, the 
legal voters of the district at a special or an 
annual meeting duly convened, may, by a major- 
ity vote, direct the sale of the former site and the 
buildings thereon at such price and terms as they 
deem proper. 

Transfer of Title. — The trustees or a majority 
of them, when so directed by a district meeting, 
may execute a deed transferring the interest and 
title of the district to such estate, and such deed 
is valid and binding. 

Bond and Mortgage or Other Security. — 
Whenever a district meeting directs that credit 
may be given to the purchaser of such property 
for any portion of the amount paid therefor, the 
trustees have authority to take in their corpo- 
rate name security by bond and mortgage or 



17^ NEW YORK SCHOOL LAW 

Otherwise, as they shall deem best. The trustees 
hold such security as a corporation and should 
account therefor to their successors in office and 
to the district in the same manner as they are 
now required by law to account for moneys re- 
ceived by them. Trustees in their official 
capacity may sue for and recover the moneys 
due and unpaid upon any security so taken by 
them or their predecessors. 

Disposition of Proceeds. — The proceeds derived 
from the sale of such property must be applied 
on the expense of procuring a new site, of remov- 
ing or erecting thereon a school-house, and of im- 
proving and furnishing the site, the school-house, 
and their appendages, so far as may be necessary. 
If a surplus should remain, it should be devoted 
to the purchase of school apparatus or used for 
any other support of the school, as the voters at 
an annual meeting may choose to direct. (This 
applies to common-school districts only.) 

SCHOOL BUILDINGS 
[See Article 2, Title VII] 

Location of School-house. — The law provides 
that no school-house shall be erected so as to 
stand upon the division line of any two towns. 



SCHOOL BUILDINGS 1/9 

Repairs of School-house. — It is the duty of 
the trustees of a district to keep the school-house 
in proper repair and reasonably comfortable 
for use, and for that purpose they may expend 
fifty dollars each year without a vote of the 
district. (Section 47, title 7.) 

When the sum of fifty dollars is not sufiicient 
to put a school-house in proper repair and the 
district has not voted to make any expenditure 
for repairs, the trustees should apply to the 
school commissioner for an order directing them 
to make the necessary repairs. A school com- 
missioner has authority to direct that repairs to 
the extent of two hundred dollars shall be made, 
when in his judgment he deems it necessary. A 
commissioner may issue this order without appli- 
cation from the trustees. When the order is 
issued it should state the character of the repairs 
to be made — whether new seats, a new roof, or 
any other improvement. As a trustee may ex- 
pend only fifty dollars without a vote of the dis- 
trict and as a commissioner may direct trustees 
to expend only two hundred dollars, it is advisa- 
ble, when two hundred and fifty dollars is insuffi- 
cient to make the necessary repairs or to put the 
building in proper condition, for the trustees to 
call a special meeting of the district for the 
12 



l8o NEW YORK SCHOOL LAW 

purpose of voting an expenditure for additional 
repairs. (Section 13, title 5.) 

There is no limit put upon the amount which 
a district meeting may vote for repairs. When a 
district meeting votes an appropriation for re- 
pairs, it should direct the nature of such repairs. 

It is the duty of trustees to make such repairs 
as are directed either by a commissioner in his 
order or by a district meeting. For a failure to 
do this, a trustee may be removed from office. 

Tax for Erection of School-house. — The 
qualified voters, at an annual school meeting or 
at a special meeting called for the purpose, may 
vote a tax for the erection or repair of a school- 
house. There is no limit in regard to the amount 
which a district may vote for this purpose. When 
a district has voted more than five hundred dol- 
lars, it is necessary, before such tax can be levied 
upon the district, to obtain the written approval 
of the school commissioner having jurisdiction. 
If a commissioner withholds his approval, a tax 
in excess of five hundred dollars cannot be levied. 

Approval of Plans. — No school district in the 
State has authority to build a school-house until 
the plans for lighting, heating, and ventilating 
have been approved by the school commissioner 
having jurisdiction. 



SCHOOL BUILDINGS l8l 

Payments by installments. — When a school 
district has voted a tax for the erection of a 
school-house, it may by a majority vote at any 
meeting regularly convened, decide to raise the 
amount thus voted, by installments. The vote 
on the question must be by the ayes and noes. 
A record of each voter and the way such per- 
son voted should be duly made. When such 
action is taken by a district, it is the duty of 
the trustees to raise by tax such installments 
and the interest thereon, as they become due, 
in the same manner as other school taxes are 
raised. The last installment can not be ex- 
tended beyond twenty years from the date on 
which the vote was taken. 

Reconsideration of Vote. — The vote author- 
izing a tax by installments cannot be reconsidered 
at the meeting at which such vote was taken. 
A reconsideration of such vote must be at an ad- 
journed meeting held within thirty days there- 
after. A majority vote, taken by recording the 
ayes and noes, is necessary for reconsideration. 

Issue of Bonds. — When a school district has 
voted to raise a tax by installments for the erec- 
tion of a school-house, it is the duty of trustees 
to borrow the sum necessary at a rate of interest 
not to exceed six per cent, and to issue bonds or 



l82 NEW YORK SCHOOL LAW 

other evidences of indebtedness therefor. These 
bonds and interest thereon are a charge upon the 
district and must be paid as they become due. 
They cannot be sold below par. 

Sale of Bonds. — The trustees must give notice 
of the time and place of the sale of such bonds at 
least ten days prior thereto. 

Report of Payments^ etc. — The trustees or 
persons having charge of the issue or payment of 
such indebtedness must make an annual report to 
the clerk of the board of supervisors of the 
county in which the district is located. This 
report must be made on or before November ist 
each year and must show the exact condition of 
such indebtedness. 

CONDEMNATION OF SCHOOL-HOUSE 

[Subdivision 4, Section 13 of Title V] 

Order. — When in the judgment of a school 
commissioner the school-house of any district 
under his jurisdiction is wholly unfit for use and 
not worth repairing, he may issue an order con- 
demning such property and he should fix a time 
therein when such order shall go into effect. 
The commissioner should also direct in such 
order the expenditure of an amount which in his 
judgment is necessary to erect a school -house for 



CONDEMNATION OF SCHOOL-HOUSE 1 83 

the accommodation of the children of such dis- 
trict. 

Service of Order. — The commissioner must 
immediately serve such order upon the trustees 
of the district and transmit a copy thereof to the 
State Superintendent of Public Instruction. 

Trustees should call Special Meeting.— Imme- 
diately upon being served with a copy of such 
order, the trustees should call a special meeting 
of the district for the purpose of considering the 
question of building a school-house. 

The legal voters at such special meeting have 
power to determine the size of the building and 
the material to be used, and to vote a tax to 
build the same. The district meeting may also 
decrease the estimated amount of the commis- 
sioner for the erection of such building twenty- 
five per cent., and the district may also increase 
the amount estimated by the commissioner. 

Failure of District to Vote Tax. — When a dis- 
trict fails to vote a tax to build a school-house, 
within thirty days from the date on which the 
first meeting for considering the question was 
held, the trustees have power, and it is their 
duty to contract for the erection of such build- 
ing and to levy a tax to pay for the same. 
This tax shall not exceed the estimate of the 



1 84 NEW YORK SCHOOL LAW 

commissioner and shall not be more than twenty- 
five per cent, less than such estimate. 

Insurance of Buildings. — The trustees of a 
school district should insure the buildings of the 
district. Their duty in this matter is explained 
in the chapter on "Trustees; powers and duties." 
It is also the duty of boards of education to in- 
sure the buildings of union free-school districts. 
(See chapter on " Boards of Education; powers 
and duties.") 

Sale of Buildings. — When a school district 
decides to build a new school-house, the district 
meeting should direct what disposition should be 
made of the old building. This is usually done 
by directing the trustees to sell it at public auc- 
tion. The district meeting may, however, direct 
some other course to be pursued. 

The school buildings may be sold when a dis- 
trict has been dissolved. (See chapter on '' School 
Districts.") 

The school buildings of a district may also be 
sold when the site of the district buildings has 
been changed. (See this chapter, " Sale of 
former site.") 

Stairways Outside of Buildings. — It is the 
duty of trustees or boards of education of all 
school districts outside of the cities of New York 



OUT-BUILDINGS 185 

and Brooklyn ^ to provide stairways on the out- 
side of all school buildings that are more than 
two stories high, with suitable doors connecting 
therewith from each story above the first. These 
may be built without a vote of the district, at a 
reasonable expense, which is chargeable to the 
district the same as other taxes. (Section 49, 
title 7.) 

Out-buildings. — It is the duty of school dis- 
tricts to provide out-buildings on the school 
premises. The law provides that these build- 
ings shall be as follows : 

1. They must be suitable and convenient. 

2. There must be two, and they must be en- 
tirely separated from each other. These two 
closets may be under one roof and over the same 
vault. 

3. They must have separate means of access, 
and the approaches thereto must be separated by 
a substantial close fence, at least seven feet high. 

4. They must be kept in a clean and whole- 
some condition. 

When school-district meetings fail to vote a 
tax for this purpose, trustees may expend such 
sum as the school commissioner will approve, 
without a vote of the district. 

A failure on the part of trustees to comply with 

* This law was enacted when New York and Brooklyn were separate cities. 



1 86 NEW YORK SCHOOL LAW 

these provisions is sufficient reason for remov- 
ing them from office, and for withholding from 
the district its share of public money from the 
State. Trustees aie personally responsible to 
the district for any loss in this respect through 
their negligence. (Section 48, title 7.) 

When a district has no out-buildings, a trustee 
may expend fifty dollars for the erection of such 
buildings, upon the order of the school commis- 
sioner or of the State Superintendent of Public 
Instruction. (Section 50, title 7.) 

REVIEW QUESTIONS 

What meeting can decide upon a site for a school-house ? 
How must such decision be determined ? What must the 
resolution contain ? How must the vote be taken ? What 
record must be made ? When may a district designate more 
than one site ? What must the notice of a special meeting 
state ? How can the site of a school district be improved or 
enlarged. At what meetings ? What tax may a district 
vote in relation to sites ? Is there a limit to the amount 
that can be voted ? How is such tax levied and assessed ? 
When the boundaries of a district have not been changed, 
how many steps are necessary to change the site of the 
school-house? What is the first? The second? How- 
may the school site of a district be changed when the 
boundaries of the district have been altered? What dis- 
position is made of the old site and buildings of a district 
when a change of site has been legally made? How may 
the title of the district of such property be transferred ? 
When may bond and mortgage be given to protect dis- 
tricts ? How is such security held for the district? How 
may the unpaid money due the district be collected? What 
disposition must be made of the proceeds of the sale of 
such property ? 



REVIEW QUESTIONS 187 

What prohibition is there in relation to the location of a 
school-house ? Whose duty is it to keep the school- 
house in reasonable repair? How much may such officer 
expend therefor without a vote of the district? Can the 
district vote a larger amount ? If tifty dollars is insuffi- 
cient and the district has not voted an appropriation, how 
may the trustee obtain authority for making the needed 
repairs ? What amount may a commissioner order a 
trustee to expend ? How does a commissioner give 
authority to his order? In what particulars should this 
order be specific ? Is there a limit to the amount a district 
may vote for repairs ? When a commissioner has ordered 
repairs to school buildings or a district has voted repairs, 
what is the duty of the trustee ? What is the penalty for 
a failure to do this ? What amount may a district vote for 
erecting a school-house? What limit is there to the 
amount of tax which a district can levy for this purpose ? 
What action is necessary in order to levy a larger amount ? 
What plans of school buildings must be approved ? By 
whom ? 

When may a district erect a school-house and pay there- 
for by installments ? How must the vote be taken ? How 
must a tax for such installments be raised ? For what period 
may the payment for the last installment be made ? How 
may a vote authorizing such tax by installments be repealed? 
Bv what method may bonds be issued for this purpose? 
What limit is placed upon the rate of these bonds ? What 
restriction is placed upon the sale of these bonds ? 
What notice of the sale of such bonds must be given ? 
What report of payment, etc., must be made by the trus- 
tees ? To whom ? When ? 

When may a school commissioner condemn a school 
building ? How ? What estimate in regard to the expen- 
diture in erecting a school-house should the order of the 
commissioner contain ? Upon whom must the commis- 
sioner serve such notice ? What is the duty of trustees 
when served with such notice ? What power has a meet- 
ing in relation to such matters when regularly called ? 
May the district decrease the estimate of the commissioner? 
By what amount ? May the amount be increased? How 
much? Within what period should a district vote to 
build ? What is the duty of the trustee if the district 
takes no action within that time ? What tax in this case 
may a trustee levy without a vote of the district? What 
are the duties of trustees of common-school districts in 



1 88 NEW YORK SCHOOL LAW 

relation to insuring school buildings ? What of boards of 
education of union free-school districts? Name three 
cases in which school buildings may be sold ? What is the 
method of procedure in each case? 

What is the duty of school officers in relation to build- 
ing stairways on the outside of school buildings ? What 
are the requirements for out-buildings in school districts ? 
When a district fails to vote an appropriation for the pur- 
pose of making proper repairs, what amount may the 
trustee expend ? What is the penalty for a failure on the 
part of the trustee to comply with the law? What is the 
loss to the district? The responsibility of the trustee to 
the district ? When a district has no out-buildings, what 
amount may the trustees expend for their erection ? 
Upon whose order? 



CHAPTER XV ' 

ASSESSMENT AND COLLECTION OF DISTRICT TAXES 
(See Article 7 of Title VII) 

Assessment of Taxes by Trustees. — It is the 
duty of trustees to assess on the taxable property 
of a district all taxes voted by a district meeting 
and to make out a tax-list therefor. A tax thus 
voted should be assessed within thirty days from 
the date on which it was voted. The courts of 
the State have held, however, that the law in 
this respect is only directory and that trustees 
may issue a tax-list and warrant after the expira- 
tion of thirty days from the time the tax was 
voted. 

In assessing a tax voted by the district, trus- 
tees may also assess at the same time a tax which 
they are authorized to assess without a vote of 
the district and may include two or more taxes 
in one tax-list. 

A tax-list is not complete until it has passed 
from the trustees to the officer whose duty it is 
to collect it, and any time before its completion 
it may be altered and amended by the trustees. 

Chapter 502, Laws of 1902, provides that any town in St. Lawrence county 
may adopt a uniform system of taxation for school purposes at a biennial town 
meeting. The details of the law may be found by consulting the session 
laws of igo?. 



190 NEW YORK SCHOOL LAW 

Heading on Tax-List. — The law directs that 
trustees shall prefix to each tax-list a heading 
showing the purpose for which the different 
items of the tax are raised. Any tax-list not 
containing this heading will upon appeal be set 
aside by the State Superintendent. The details 
of each item need not be set forth. If an item is 
for repairs, it is sufficient to state, " For repairs 
on school-house, $25.00," and it is not necessary 
to give each item included in such repairs. 

Form of Tax List. — In making out a tax-list 
trustees should rule six separate columns and 
give in such columns the following data : 

1. The first column should contain the names 
of all the persons and corporations liable to taxa- 
tion in the district. 

2. The second column should show the number 
of acres of land to be taxed to each person or 
corporation. 

3. The third column should give the assessed 
valuation of such land. 

4. The fourth column should give the full 
value of all the taxable personal property of each 
of the persons or corporations named in the first 
column. 

5. Valuation of taxable rents reserved. 

6. The amount of each individual's or corpora- 



DISTRICT TAXES igi 

lion's tax. (See section 22, article 2, chapter 908, 
Laws of 1896.) 

Trustees cannot place upon a tax-list the un- 
collected taxes of some former tax-list. They 
can not increase the assessment upon the prop- 
erty of a tax-list to make up a loss caused by a 
failure to assess property upon a former list. If 
property is omitted from a tax-list and the mis- 
take is not discovered until the taxes are col- 
lected and the warrant is returned, it is too late 
to remedy the mistake. 

Apportionment of Taxes Upon Real Estate. — 
Trustees must apportion district taxes upon all 
real estate within the boundaries of the district, 
except that which is exempt by law from taxa- 
tion. Such property must be assessed to the per- 
son or corporation owning or possessing- it at the 
time the tax-list is made out. 

Real Estate Lying in One Body but in Two or 
More Districts. — Lands lying in one body but 
located in two or more school districts, and 
occupied by the same person either as owner or 
as agent for the same principal or tenant under 
the same landlord, if assessed as one lot by the 
town assessors, are taxable in the district in 
which the occupant of such lands resides. 

In cases of this kind there are three distinct 



192 



NEW YORK SCHOOL LAW 



questions to settle in order to determine where 
such lands are taxable. These are : 

First. The land must lie in one body. It is 
not sufficient that such lands shall be joined by a 
mere point. There must be an actual line of 
contact. 

Second. The ownership of such lands must be 
by one person. If there is a joint ownership of 
such lands, they can not be assessed under this 
provision. 

Third. The occupancy of such lands must be 
determined. The whole body of such land must 
be occupied by one person. This person must 
be either the owner of such lands or the agent or 
tenant of one and the same landlord. 

All lands of this description which do not com- 
ply with the three provisions above given, must 
be assessed for their respective portions in the 
district in which such parts are located. 

Non-Resident Real Estate. — Non-resident real 
estate is real estate which is not occupied and 
improved by the owner or by his servant or 
agent, and which is not possessed by a tenant. 
Briefly, it is unimproved and unoccupied land. 
This land must be assessed by trustees as town 
assessors assess such lands in towns. It must be 
placed upon a separate part of the tax-list, and 



DISTRICT TAXES 193 

the name of the owner must not be mentioned, 
unless such land is owned by an incorporated 
company, in which case the law directs that the 
name of such company must be given. The 
description of such land must be accurate and 
such as would enable a purchaser to locate it, 
and would enable the owner to know that it was 
his land that was thus described. 

A collector can not levy upon and sell the per- 
sonal property of the owner of non-resident land. 

But if the owner of real estate in any school 
district improves and occupies such land himself, 
or causes it to be improved or occupied by an 
agent or servant, such owner, in regard to the 
liability of such property to taxation, is con- 
sidered a taxable inhabitant of such district. In 
this case a collector could seize and sell the per- 
sonal property of the owner of such estate for 
the amount of school taxes. 

If such real estate is occupied by tenants or 
sub-tenants they are the proper persons to whom 
such property should be assessed, and not the 
owner thereof. If such tenants improve the 
land, although they do not reside on it, they are 
considered under the law taxable inhabitants of 
such district. (See sections 29 and 30, article 
2, chapter 908, Laws of 1896.) 



194 NEW YORK SCHOOL LAW 

Apportionment of Taxes on Personal Prop- 
erty. — Trustees must apportion district taxes 
upon all persons residing in the district and 
■upon all corporations, for all personal property 
owned by them and liable to taxation in such 
district. 

Trustees should also apportion taxes upon non- 
resident stockholders in banks or banking asso- 
ciations located in their districts for the amount 
of stock owned by them in such banks or asso- 
ciations, and upon individual bankers doing busi- 
ness in their district, in accordance with the 
provisions of the general law relating to taxa- 
tion. 

Valuation of Property. — Trustees, in making 
out a tax-list, must ascertain the valuation of 
taxable property so far as possible, from the last 
assessment-roll of the town after such roll has 
been revised by the assessors. 

Reduction of Valuation. — The valuation of any 
property shall not be reduced from that given in 
the town assessment-roll, unless the persons 
claiming such reduction file a written notice of 
such claim with the trustees before the tax-list is 
completed. When such claim is duly filed and 
it appears that the property in question has 
diminished in value since the last assessment-roll 



DISTRICT TAXES . 1 95 

of the town was made, or it appears that an error 
has been made by the town assessors, it is the 
duty of the trustees to ascertain the true value 
of such property. The law provides that they 
shall give notice to the interested parties and 
proceed in the same manner as town assessors. 
If, in the judgment of the trustees, such claim is 
valid, they should reduce the valuation of the 
property and make out their tax-list. Such tax- 
list should be left with one of the trustees or at 
some place where interested persons can inspect 
it for at least twenty days from the date on which 
the notice of the completion of such tax-list is 
given. The notice of the completion of such tax- 
list and of the original assessment must be posted 
in at least three public places in the district. 
When the valuation of property is reduced the in- 
terested parties are all the tax-payers of the district. 
Assessment of Property by Trustees. — When 
any taxable property of the district is not in- 
cluded in the assessment-roll of the town, it is 
the duty of trustees to place such property on the 
tax-list of the district and give it a valuation, or 
if any property shall have increased in valuation 
since the last assessment-roll of the town was 
revised, it is the duty of trustees to give such 
property an increased valuation. In either of 
13 



ig6 NEW YORK SCHOOL LAW 

these cases, trustees should serve a notice of their 
action on the person so assessed ; it is not neces- 
sary to post notices in the district. 

Equalization of Valuations by Supervisors.— 
When the trustees of a district which embraces 
parts of two or more towns request the super- 
visors of such towns to meet to determine whether 
the assessments of property in these towns are 
equitable when compared with each other, or 
when three or more persons liable to pay tax on 
real estate make such request, it is the duty of 
the supervisors to comply with such request. 
This request to supervisors should be written, 
and the meeting of the supervisors should be 
not less than five days from the service of such 
notice and not more than ten days. The notice 
should name the time and should designate some 
place within the bounds of the towns in which the 
districts are located. 

If the supervisors find that such assessments 
of property are not equitable, they should de- 
termine the relative proportion of taxes that 
should be assessed upon the property of the parts 
of such district lying in different towns. There- 
after, trustees should assess taxes in accordance 
with such determination until new assessment- 
rolls of the towns are perfected and filed. 



DISTRICT TAXES 19/ 

When the supervisors are unable to agree, they 
may summon the supervisor of an adjoining 
town and the finding of a majority of them shall 
be the determination of the question. 

A Person Working Land on Shares. — A tenant 
working land and paying a share of the produce 
as rent is liable to taxation for school purposes 
on such land. In all cases of doubt it is safer to 
assess taxes to the owner of land than to the 
tenant. 

A Person in Possession Under Contract. — 
Any person in possession of real property under 
contract for the purchase thereof is liable to 
taxation for school purposes in the district in 
which such property is located. 

Tenant's Tax Chargeable to Landlord. — 
A person who is tenant at will or for three years 
or a shorter period of time, and who pays a tax 
upon the real estate of which he is in possession, 
for the purpose of purchasing a site for a school- 
house, or for purchasing, building, or repairing a 
school-house, or for supplying the necessary fuel 
and appendages, may require the owner of such 
real estate to refund the amount paid for such 
taxes. The owner of such real estate could not 
be compelled to pay such tax if he had made 
an agreement with the tenant that such tenant 



IQS new YORK SCHOOL LAW 

should pay the tax. The only school taxes 
chargeable to the owner of such real estate are 
those for the purposes above named. 

Exempt from Taxation for Building a School- 
house. — Any taxable inhabitant of a district 
shall be exempt from taxation for the purpose 
of building a school-house in the district in which 
he resides, under the following conditions : Such 
inhabitant must have been set off from some 
other district without his consent, within four years 
previous to the assessment of such tax, and such 
inhabitant must have paid within that period in 
the district from which he was set off a tax for 
building a school-house in such other district. 
A voluntary contribution toward building a 
school-house is not a tax. If such inhabitant 
was set off from a district with his consent, he is 
not exempt from the taxation in question. 

Collector's Return of Unpaid Taxes. — The 
law provides that collectors shall make a return 
to the trustees of all unpaid taxes on real estate 
and upon non-resident stockholders in banking 
associations organized under the laws of con- 
gress. This return must be made at the time 
the collector returns his warrant to the trustee. 
A copy of that part of the assessment-roll unpaid 
must be made by the collector, and he must make 



DISTRICT TAXES I99 

an affidavit before some person authorized to 
administer oaths that the taxes named in such 
copy are unpaid, and that after diligent efforts he 
has been unable to collect the same. After a 
collector has pursued this course, trustees should 
credit him with the amount of such unpaid taxes, 
and thus relieve him from the liability resulting 
from negligence in collecting. 

Trustee's Certificate to County Treasurer. — 
As soon as the trustees of any district receive 
such return from a collector, they should com- 
pare it with the original tax-list, and if they find 
it to be a true copy, they should attach thereto 
their certificate showing that they have made 
such comparison and that they find such return 
correct. The trustees should then transmit the 
return of the collector of such unpaid taxes, to- 
gether with the collector's affidavit and their cer- 
tificate, to the county treasurer. 

Collection of Such Unpaid Taxes. — The 
county treasurer should present to the board of 
supervisors of the county the collector's return 
of such unpaid taxes, the collector's affidavit, and 
the trustees' certificate of comparison ; and such 
board of supervisors should thereupon assess the 
amount of such unpaid taxes, with seven per 
cent, of such sum in addition thereto, upon the 



200 NEW YORK SCHOOL LAW 

very same property upon whicli the trustees 
originally assessed the tax. If such taxes are 
then paid, a return should be made to the county 
treasurer. If these taxes should not be paid, the 
county treasurer should render an account thereof 
to the State Comptroller, and that officer should 
sell the land on which such taxes are assessed as 
the law directs. 

Any person against whom such unpaid taxes 
stand may voluntarily pay such tax , with five per 
cent, in addition thereto, to the county treasurer, 
any time before the board of supervisors have 
directed that such tax be levied. 

Payment of Such Unpaid Taxes by County.— 
The county treasurer, upon receiving the re- 
quired papers to be filed with him, should pay to 
the collector of the district in which such taxes 
were levied the amount of such unpaid taxes, 
with one per cent, in addition thereto, from the 
contingent fund. If there is no contingent fund, 
the board of supervisors should order a draft to 
be drawn upon the county treasurer in payment 
of such amount, which must be paid as all other 
county charges are paid. 

Warrant for Collection of Taxes. — The war- 
rant for the collection of a district tax should be 
issued by the trustees and signed by them or a 



DISTRICT TAXES 2CI 

majority of them. A warrant may be signed 
with or without seals. It is the official document 
which gives the collector authority to collect all 
taxes included in the tax-list. The warrant con- 
fers upon a school-district collector the same 
powers that are conferred upon town collectors 
by the warrant of the board of supervisors. 

Delivery of Warrant. — A warrant for the col- 
lection of any tax voted by the district must not 
be delivered to the collector until the thirty-first 
day after the tax is voted. 

A warrant for the collection of a tax which 
trustees are authorized to raise without a vote of 
the district may be delivered to the collector 
whenever it is completed. 

Trustees should take a written receipt from a 
collector for every tax-list and warrant delivered 
to such collector. Such receipt should show the 
date on which the warrant is returnable and the 
amount to be collected. 

Notice of Receiving Taxes. — As soon as the 
collector receives a warrant for the collection of 
taxes, he should post notices in at least three 
public places in the district — one of these notices 
must be on the outside of the front door of the 
school-house — stating that such warrant has 
been received by him and that during the ensuing 



202 NEW YORK SCHOOL LAW 

thirty days from the date of such notices he will 
receive all taxes voluntarily paid to him 

If there is any assessment on the tax-list 
against a railroad company or against any canal 
or pipe-line company, the collector must notify 
such company either personally or by mail at least 
twenty days before the expiration of the thirty 
days above mentioned. If a collector fails to 
give such notice, he will be entitled to receive 
only one per cent, fees for the collection of such 
taxes. This notice may be filed, in the case of a 
railroad, with the ticket agent of such railroad 
nearest the district in which such tax is assessed, 
and in the case of a canal or pipe-line company, 
with the president, secretary, or general division 
superintendent or manager of such company. 

If the tax of any non-resident is more than 
one dollar, the collector should give like notice 
to such non-resident, if his post-office address is 
known to the collector or if the collector can 
ascertain what such address is from the trustees 
or the clerk of the district. 

Renewal of Warrants. — If any of the taxes on 
a tax-list are not paid previous to the expiration 
of the trustees' warrant, the trustees may renew 
such warrant and allow the collector additional 
time to collect such unpaid taxes. This renewal 



DISTRICT TAXES 203 

should be indorsed upon or attached to the origi- 
nal warrant and should state the period of time 
for which it is issued. A warrant may be re- 
newed more than once, but the approval of the 
supervisor of the town in which the district is 
located is necessary. Where such approval is not 
obtained, a warrant can be renewed only once. 

Amendment or Correction of Tax-List.— 
Whenever the trustees discover that an error has 
been made in the tax-list, such tax-list may be 
amended or corrected upon application to the 
State Superintendent of Public Instruction. The 
application should state the exact facts relative 
to such error, the date of the tax-list, and the 
number of the district and the name of the town 
in which such district is located. 

Trustees May Sue for Tax.— When any tax on 
a tax-list has not been paid, either by an indi- 
vidual or a corporation, within the time permitted 
by the warrant or the renewal of a warrant, the 
trustees may in their name of office sue such 
individual or corporation for such unpaid taxes. 
Trustees May Sue Collector's Bond. — For all 
forfeitures to which a collector is liable and for 
all money which he may neglect or refuse to 
pay to his successors in office, or the treasurer of 
the district, the trustees may sue the bond of 
such collector. 



204 NEW YORK SCHOOL LAW 

Filing Tax-List and Warrant. — Within fifteen 
days after any tax-list and warrant has been re- 
turned by a collector to the trustees of a district, 
such trustees should deliver such tax-list and 
warrant to the town clerk of the town in which 
the collector resides. 

Expenditures Without Vote of District. — 
Trustees may make the following expenditures 
and include the same in a tax-list without vote 
of the district : 

1. For the erection of out-buildings, $50, if 
directed by the school commissioner. 

2. For repairs on out-buildings, an amount 
approved by the school commissioner. 

3. For the construction of a stairway on the 
outside of the school building, when such build- 
ing is two or more stories high, a reasonable 
amount. 

4. For repairs on school-house, $50. 

5. For repairs on school -house, when directed 
by the school commissioner, $200. 

6. For the general running expenses of the 
district, a reasonable amount. 

7. For the salary of teachers, an amount to 
meet such salary for four months in advance. 

8. For furniture, $100, when directed by the 
school commissioner having jurisdiction, and $50, 
without direction by the commissioner. 



DISTRICT TAXES 20$ 

9. For the abatement of a nuisance, $25, when 
directed by the order of the school commissioner 
having jurisdiction. 

10. For the erection of a new school -house, 
when the school commissioner having jurisdic- 
tion has issued an order condemning the old 
building, an amount which the commissioner 
states in such order is necessary for the erection 
of a new building. 

11. For school apparatus, $25. 

REVIEW QUESTIONS 

Who is charged with the duty of making out a district 
tax-list ? When should a tax-list for a tax voted by the 
district be made out ? What have the courts ruled on this 
question ? How many taxes may a trustee include in one 
tax-list ? When is a tax-list complete ? When may a tax- 
list be altered ? Explain the nature of the heading which 
should be prefixed to a tax-list. Into how many columns 
should a paper on which a tax list is made be ruled? 
State the information which should be given in each 
column ? Have trustees the power to include in a tax- 
list the uncollected taxes of a former tax-list? Have they 
the power to assess upon property a tax to meet a loss 
caused by a failure to assess property on a former tax-list ? 
When can the omission of trustees to assess property be 
corrected ? 

Upon what real estate must trustees assess district taxes ? 
To whom should such property be assessed ? What is the 
law relative to assessing real estate lying in one body but 
in two or more districts ? What are the three questions to 
be determined in these cases ? How must such lands be 
assessed when they do not comply with these provisions ? 
What is non-resident land ? How should such land be 
assessed ? State fully how it should be placed upon the 
tax-list? How should it be described? Can a collector 
legally sell the personal property of the owner of non-resi- 
dent land for a tax on such land? When a non-resident 
owns real estate in a school district and when he improves 
such property himself or causes it to be improved by an 



2o6 NEW YORK SCHOOL LAW 

agent, what is his liability for taxes ? When such property- 
is occupied by tenants or sub-tenants, to whom should it 
be assessed ? 

What pei'sonal property should be assessed by trustees 
for district taxes ? What is the law in relation to the 
assessment of taxes on banks and banking associations ? 
How is the valuation of property ascertained by trustees? 
Have trustees the power to reduce the valuation of prop- 
erty? What must a person do who desires the valuation 
of his property reduced ? What is the duty of trustees when 
such claim is filed ? If the trustees at any time change the 
valuation of property, what should they then do ? What 
notice of completion of tax-list must be given ? When the 
valuation of property is reduced, who are interested parties? 
What is the duty of trustees in relation to real property 
of, the district not found on the town assessment-roll? 
What is their duty in relation to property that has in- 
creased in value since the last town assessment-roll was 
revised? What is their duty in relation to personal prop- 
erty not on the town assessment-roll ? What notice should 
be given in any of these three cases when property is 
assessed by trustees ? 

Who determines whether the property of a district 
located in two or more towns is equitably assessed ? When 
are supervisors required to act in this capacity? If such 
supervisors agree that such property is not equitably 
assessed, what is their duty ? What should be done if they 
are unable to agree ? 

When is a tenant liable for taxes on land ? In cases of 
doubt, to whom should such land be assessed ? Who is 
liable to taxation for real property which is in the posses- 
sion of a person under a contract of purchase ? Under what 
conditions and for what taxes may a tenant require hfs 
landlord to refund the amount of taxes paid by such 
tenant ? Under what conditions is a taxable inhabitant of 
a district exempt from taxation for building a school- 
house ? 

To whom should a collector make a return of unpaid 
taxes ? When should such return be made ? How should 
it be made ? What effect does such return have upon the 
liability of the collector? Upon receiving such return 
what action should trustees take? What should the 
county treasurer do to place the matter properly before the 
board of supervisors ? What action should be taken by 
the board of supervisors? If these taxes are then paid 



REVIEW QUESTIONS 20/ 

what should be done with the amount paid ? If these taxes 
are not paid, what action should be taken by the county 
treasurer? What should the comptroller then do ? How 
may this amount be collected? VV^hen may it be volun- 
tarily paid? From what fund should the county treasurer 
pay such tax? To whom? If there is no such fund how 
is such tax paid ? 

What is a trustees' warrant? How is it issued? What 
authority does it give a collector? When may a warrant 
for a tax voted by the district be legally delivered to the 
collector ? When may a warrant for a tax which trustees 
are authorized to levy without a vote of the district be de- 
livered to the collector? What general notice of a war- 
rant for taxes should a collector give ? Where should such 
notices be posted? What special notice should be given 
to a railroad company or a canal or pipe-line company? 
How should such notice be given ? How would a failure 
to give such notice affect the collector ? What special 
notice should be given to non-residents ? How should 
such notice be given ? May a warrant be renewed ? By 
whom ? In what manner ? May a warrant be renewed 
more than once ? In what manner? 

When may a tax-list be amended or corrected? By 
whom ? What should the application for this purpose 
show? May trustees sue for a tax? When? For what 
causes may trustees sue a collector's bond? What should 
trustees do with a tax-list and warrant returned by a col- 
lector? What expenditures may a trustee make without 
vote of the district ? 



CHAPTER XVI 

STATE SCHOOL MONEYS 
[See Articles i and 2, Title II] 

Different Funds. — There are three sources 
from which money is derived by the State for the 
support of the public school system. These 
sources are the common-school fund, the United 
States deposit fund, and the free-school fund. 
These funds, together with the literature fund, 
are known under the Finance Law as the Educa- 
tion Fund. 

The Common-School, Fund. — Upon the recom- 
mendation in a special message of Governor Mor- 
gan Lewis to the State legislature in 1805, an 
act was passed which created this fund. It pro- 
vided that " The net proceeds of five hundred 
thousand acres of the vacant and unappropriated 
lands of the people of this State, which shall be 
first sold by the Surveyor-General, shall be and 
are hereby appropriated as a permanent fund for 
the support of common schools. ' ' The act also 
provided that no distribution should be made 
until the annual revenues of the fund amounted 
to fifty thousand dollars. This revenue was not 



STATE SCHOOL MONEYS 209 

realized until 1815, when the first distribution 
was made. This fund was apportioned among 
the counties of the State on the basis of popula- 
tion, and each county was required to raise by- 
taxation an amount equal to the amount received 
from the State. The revenue derived from these 
two sources constituted the State school moneys 
for the payment of teachers' salaries. When this 
amount was insufficient to pay the salary of 
^teachers, the balance was raised by rate bills. 
In 1805, when this fund was originated, its capital 
was nearly fifty-nine thousand dollars; but in 
1901, it had increased to over four million five 
hundred seventy-three thousand dollars. Out 
of the revenue of this fund the legislature an- 
nually appropriates for common schools one 
hundred and seventy thousand dollars. 

The United States Deposit Fund. — On June 
23, 1836, congress passed an act providing for 
the distribution of the surplus revenues which 
were held in the United States treasury at that 
time for safe-keeping among the various states. 
Of this distribution New York received about 
$4,000,000. It must be understood that this fund 
was not given or loaned to the State, but was sim- 
ply placed in its possession for safe-keeping. 
The United States government could recall this 



2IO NEW YORK SCHOOL LAW 

money, but probably it never will. Under a pro- 
vision of the State constitution, New York is re- 
quired to keep the amount of this fund equal to 
the amount which was originally deposited. In 
1837, by an act of the State legislature, this fund 
was distributed among the counties of the State 
on the basis of population. It was placed in the 
hands of two loan commissioners in each county, 
who were appointed by the Governor, to be loaned 
by them in their county upon bond and mortgage 
with interest. From the income derived from 
this fund, there was appropriated by the State 
legislature in 1838 for the support of com- 
mon schools, the sum of $165,000. This sum 
was annually appropriated by the legislature 
until 1 88 1, when the appropriation was reduced 
to $75,000, owing to a reduction in the revenue. 
This reduction in revenue was caused by a 
depreciation in the property on which invest- 
ments from this fund had been made. Since 1881, 
the legislature has annually appropriated from 
the revenues of this fund $75,000, and this'sum 
becomes a part of the State school moneys and is 
used for the support of the public schools. 

The Free-School Fund. — The Consolidated 
School Law provides that the legislature shall de- 
termine annually the amount of money which 



STATE SCHOOL MONEYS 211 

shall be raised by the State by a tax upon real 
and personal property.* The amount that shall 
be raised is discretionary with the legislature. 
The amount thus raised is known as the Free- 
vSchool fund. The first State tax levied for this 
purpose was under the authority of an act passed 
in 1 85 1, providing- for the sum of $800,000 This 
amount has been gradually increased. In 1903, it 
will be $3,750,000. The greatest increase was in 
1867, the year in which the rate-bills were 
abolished, when the legislature increased the 
amount to be raised from a tax of three-fourths 
of a mill on each dollar of valuation, to one and 
one-fourth mills on the dollar. It was the intent 
of the legislature when this increase was made, to 
supply funds, which, combined with the revenues 
of the common-school fund and the United States 
deposit fund, would be sufficient to support com- 
mon schools in most of the school districts of the 
State for at least twenty-eight weeks each year. 
The amount of money realized from these 
sources soon proved insufficient, in many cases, 
to support the schools the required time, and 
the deficiency has been raised by local taxes upon 
school districts. During the school year ending 

*The legislature of 1902 abolished the State tax for this pur- 
pose and appropriated this amount from the revenues of indi- 
rect taxation. 

H 



212 NEW YORK SCHOOL LAW 

July 31, 1901, the entire cost for maintaining and 
supervising the public school system of the State, 
including all expenditures for normal schools 
and other institutions under the supervision of 
the State Superintendent of Public Instruc- 
tion, was $36,395,269.52; and of this amount, 
$4,008,528.40 were received from State funds, 
about $26,451,363.43 were raised by local taxes 
upon the property of the school districts, and 
$5,935,377.69 were derived from other sources. 

State School Moneys Defined. —The amount 
appropriated by the State legislature from the 
common-school fund and from the United States 
deposit fund, together with the amount raised by 
State tax and known as the Free School fund, 
constitute the State school moneys. 

Deposit of Free School Fund. — The amount 
of this fund, levied upon each county must be 
paid into the State treasury by county treasurers. 
The State treasurer may deposit this money in 
such banks and under such regulations as are 
permitted by law.* The transfer of this fund 
from the State treasury to some other depository 

*This fund must be deposited in some bank or banks in the 
city of Albany which have been designated by the State Treasurer 
and State Comptroller, and which in their judgment are suffi- 
ciently sound financially, and which will pay the highest rate of 
interest therefor. 



STATE SCHOOL MONEYS 21 3 

must be by the treasurer's draft, countersigned 
by the State Superintendent of Public Instruc- 
tion. 

Monthly Report of Treasurer. — The State 
Treasurer is required to report to the State 
Superintendent of Public Instruction on the first 
working day of each month, the condition of 
the Free School fund. This report should show 
the amount received, the amount paid out, and the 
balance remaining on hand. The banks in which 
such moneys are deposited are also required to 
supply the State Superintendent of Public In- 
struction with a book in which the authorities of 
such banks shall make entries of all sums de- 
posited with them by the State Treasurer from 
time to time to the credit of the Free School 
fund. 

Warrants for Payments. — No portion of the 
Free School fund shall be paid out of the treas- 
ury, except upon the warrant of the State Super- 
intendent, countersigned by the Comptroller and 
referring to the lav>^ under which it is drawn. 

The State Superintendent is also required to 
countersign all checks drawn by the Treasurer 
in payment of the Superintendent's warrants 
and to countersign all receipts of the treasurer 
for such money paid to the treasurer. No receipt 



214 NEW YORK SCHOOL LAW ' 

of the treasurer for the payment of any portion 
of this fund shall be evidence of payment unless 
such receipt is countersigned by the superin- 
tendent. 

Payments from Counties Required. — Every 
county is required to pay to the State Treasurer 
the amount of tax for school purposes assessed 
upon such county. The Comptroller has au- 
thority to withhold the payment of any moneys 
from the income of the common-school fund and 
the United States deposit fund to which any 
county is entitled, until such county shall furnish 
satisfactory evidence to him that all moneys 
required from such county for the support of 
the State school system, or, in other words, 
the amounts due the State, have been col- 
lected and paid or accounted for to the State 
Treasurer. 

Temporary Loans. — If any county shall fail 
to pay the amount assessed upon it for school 
purposes on or before the first day of March in 
any year, and if there shall be a deficiency of 
moneys in the treasury applicable to the pay- 
ment of school moneys, the State Treasurer and 
State Superintendent of Public Instruction have 
the authority under law to make a temporary 
loan of the amount of such deficiency. This loan 



STATE SCHOOL MONEYS 21 5 

and the interest thereon at the rate of twelve per 
centum per annum, until payment shall be made, 
is a charge upon the county in default. The 
board of supervisors of such county must add 
this amount to the amount of State tax and levy 
the same upon such county at the next ensuing 
assessment.* 

Payments from State School Funds. — The 
law directs that the State Superintendent shall 
set apart from the free-school fund appropriated 
for that purpose, the sum necessary to pay the 
salaries of school commissioners throughout the 
State. (A separate appropriation is also made by 
the State legislature for the payment of the sala- 
ries of school commissioners from this fund.) He 
shall set apart from the income of the United 
States deposit fund the amount appropriated for 
library purposes. He should also set apart from 
the State school moneys a sum not to exceed 
$10,000 for a contingent fund. 

Supervision Quotas to Cities, Villages and Dis- 
tricts Employing Superintendents. — Every city 
in the State, and every village and every union 
free-school district in the State having a popula- 



* Since the school funds are now paid from the revenues of 
indirect taxation, this default cannot occur. 



2l6 NEW YORK SCHOOL LAW 

tion of 5,000 or more — which employs a super- 
intendent of schools, is entitled to receive $800. 
This money must be used for the support of the 
public schools of such city, village, or union free- 
school district. No city, village, or district is 
entitled to this allowance unless a competent 
person is employed as superintendent, who shall 
give his time exclusively to the general super- 
vision of the public schools of such city, village, 
or district. This appropriation is known as a 
supervision quota. 

Enumeration of Inhabitants. — A village or a 
union free-school district, claiming a population 
of 5,000 and employing a superintendent, is not 
entitled to any allowance in the first instance until 
an enumeration of the inhabitants of such village 
or district has been made which shall show the 
population thereof to be at least 5,000. The ex- 
pense of taking such enumeration is a charge 
upon the district in whose interest it is made, 
and must be paid upon the certificate of the State 
Superintendent. 

Annual Apportionment. — After making the 
deductions above mentioned, the State Superin- 
tendent shall apportion the remainder of the 
State school money, on or before the 20th day of 
January in each year, among the several counties 
of the State. This is apportioned as district 



STATE SCHOOL MONEYS 21/ 

quotas and teachers' quotas and the remainder 
is apportioned among the several counties on the 
basis of population. 

Apportionment of District and Teachers' 
Quotas. — The Superintendent shall first set 
apart for each of the school districts and cities of 
the State the quotas to which they are entitled. 
A district or city, to be entitled to a district 
quota, must have had school taught therein by 
a duly licensed teacher (or by successive duly 
licensed teachers) for at least one hundred and 
sixty days, inclusive of legal holidays, and at- 
tendance upon a teachers' institute — which shall 
not exceed three weeks, and exclusive of Satur- 
days. It is unlawful to count any Saturday 
as a part of the one hundred and sixty days of 
school required, and it is also unlawful to have 
a school in session on a legal holiday^ except 
Lincoln's Birthday and Washington's Birthday.* 

* Legal Holidays. — The following days are legal holidays 
in this State; 

January i — New Year's Day. 

February 12 — Lincoln's Birthday. 

February 22 — Washington's Birthday. 

May 30 — Memorial Day. 

July 4 — Independence Day. 

First Monday in September — Labor Day. 

First Tuesday after first Monday in November — General 

Election. 
Last Thursday in November — Thanksgiving Day. 
December 25 — Christmas Day. 
If a legal holiday occurs on Sunday, the day following is 
observed and considered in all respects as a legal holiday. 



2l8 NEW YORK SCHOOL LAW 

For every additional duly licensed teacher (or 
successive duly licensed teachers) employed the 
required time of one hundred and sixty days, 
the district or city shall be entitled to one 
teacher's quota. 

The amount of a district quota for each school 
district having an assessed valuation of $40,000 
or less is $150. The amount of k district quota 
for all other school districts and for each city 
is $125. 

The amount of a teacher s quota for each city, 
district, and Indian reservation is $100. 

The distinction between a district quota 
and a teacher's quota should be clearly under- 
stood. An examination of the law — chapter 
316, Laws of 1902 — may give a clearer under- 
standing. 

Apportionment to Counties on Population. — 
After the State Superintendent of Public Instruc- 
tion has apportioned the district and teachers' 
quotas as described in the preceding paragraph, 
he apportions the remainder of the State school 
moneys, and also the library moneys, separately, 
among the counties of the State according to 
their respective population, excluding Indians 
residing on their reservation. In counties in 



STATE SCHOOL MONEYS 219 

whicli there are cities, he apportions to each city 
the amount to which it is entitled and to the re- 
mainder of the county the portion to which such 
part of the county shall be entitled. New York 
City is considered one county. 

Application of State School Funds. — All 
moneys, except library moneys, apportioned to 
a school district or city by the State Superin- 
tendent as desciibed in the preceding two para- 
graphs, must be used by such district or city for 
the payment of '.\e wages of duly licensed 
teachers employed in such district or city, or 
for tuition and transportation of pupils. It is a 
misdemeanor for school authorities to use this 
money for any other purpose. (See art. 4, title 
15, and subd. 19, sec. 14, title 7.) 

Allowance to Excluded Districts. — When a 
school district has been excluded from participa- 
tion in any apportionment by failing to make a 
report required by law or by failing to comply 
with any other provision of law or with any 
regulation of the Superintendent which he has 
authority to adopt, the Superintendent may, in 
his discretion, when it shall be shown to his 
satisfaction that such omission was accidental 
or excusable, allow such district an equitable 



220 NEW YORK SCHOOL LAW 

apportionment. If the apportionment was made 
by the Superintendent, he may cause an equita- 
ble apportionment to be allowed such district to 
be paid out of the contingent fund ; and if the ap- 
portionment was made by the commissioners, he 
has authority to direct them to apportion such 
allowance to the district at their next annual ap- 
portionment. Such allowance must be in addi- 
tion to any apportionment to which such district 
may then be entitled. 

May Direct Payment of Quota when Teacher 
was not Qualified. — Where a teacher has been 
employed who was not duly qualified, the 
State Superintendent may, in his discretion, upon 
the recommendation of the school commissioner 
having jurisdiction over the district in which such 
teacher was employed, direct that the money 
equitably apportioned to such district shall be 
paid to such teacher in satisfaction of his or her 
wages. 

May Reclaim Moneys Apportioned. —When- 
ever money shall have been apportioned to a 
county, part of county, or school district to which 
it was not entitled, and when such money shall 
not have been expended, the State Superintend- 
ent may reclaim such money or excess by direct- 
ing that such money shall be paid by any officer in 



STATE SCHOOL MONEYS 221 

whose hands it may be, into the State Treasury. 
Such money when reclaimed shall be credited to 
the free-school fund. If such money shall have 
been expended so that it shall be impracticable to 
reclaim it, the Superintendent shall deduct such 
amount from the portions of the county or dis- 
trict which received it, in his next annual appor- 
tionment. The sum thus deducted should be 
distributed among the counties or school districts 
entitled to the same. 

Supplemental Apportionment. — Whenever a 
school district or county shall have received by 
apportionment a less sum than it is entitled to, 
the Superintendent may make a supplementary 
apportionment to make up such deficiency, which 
apportionment shall be payable out of the con- 
tingent fund. If this fund is not sufficient for 
the purpose, the Superintendent shall supply 
such deficiency in his next annual apportion- 
ment. 

Certificate of Apportionment. — As soon as 
possible after the State Superintendent has 
made an annual apportionment, he should file 
with the county clerk, the county treasurer, the 
school commissioners, and the city treasurers or 
chamberlains, of every county and city of the 
State, a certificate of apportionment for their 



222 NEW YORK SCHOOL LAW 

county or city. When the Superintendent 
makes a supplemental apportionment, he should 
file a certificate of such apportionment with the 
county clerk, the county treasurer, and the school 
commissioners, of the county in which the school- 
houses of the district are located. 

When School Moneys are Payable. — The 
school law provides that the State school moneys 
apportioned by the Superintendent shall be pay- 
able on the first day of April next following the 
apportionment, to the treasurer of each of the 
several counties and to the chamberlain of the city 
of New York. The money, however, cannot be 
paid on this date for the reason that the pay- 
ment of part of the State moneys into the State 
treasury from counties is fixed at a later date. 
The payment of State moneys is as follows • 

" The county treasurer of each county in this 
State shall, on or before the 15th day of February 
in each year, pay to the Treasurer of the State 
one-third of the State tax due from such county 
to the State, and on or before the 15th day of 
April the second one-third of said tax, and the 
balance at the time now required by law." The 
third payment must be made on or before the 
1 5th day of May. 



STATE SCHOOL MONEYS 223 

Gospel and School Lands. — The origin of 
these lands may be traced back to an act passed 
by the State legislature, May 10, 1784* This was 
an act to provide for the settlement of the waste 
and unappropriated lands of the State. It was 
intended to include all of such lands located 
within the boundaries of the State. The act 
provided that such lands should be divided into 
townships of six miles square, as nearly as possi- 
ble, and that in each of such townships 300 acres of 
land should be set apart for the use of a minister 
of the gospel, and 690 acres for the use of a pub- 
lic school or schools. On May 5, 1786, the State 
legislature passed another act regulating the sale 
of the unappropriated public lands of the State, 
and providing that the Surveyor-General should 
mark out in each township laid out, one lot for 
the support of the gospel and schools, as nearly as 
possible in the center of each township, and that 
such lot should not be sold, but reserved for and 
applied to promoting the gospel and the public 
school or schools in such township. Under the 
provisions of this act, each lot was to contain 640 
acres, or as nearly that amount as possible. On 
February 25, 1789, the legislature passed another 
act regulating the sale and disposition of lands 
belonging to the State, and providing that 



224 NEW YORK SCHOOL LAW 

townships should be divided into lots containing 
250 acres of land or as nearly that amount as possi- 
ble, and that one lot should be reserved as nearly 
in the center of each township as possible, for the 
support of the gospel, and that another lot should 
likewise be reserved for the support of schools in 
such township. Subsequent acts of the State 
legislature provided that the annual rents and 
profits derived from these lots set apart for school 
purposes, should be distributed among the 
schools in each town employing teachers ap- 
proved by the proper authority, in proportion to 
the aggregate attendance of pupils in their re- 
spective schools. The sale of the gospel and 
school lands has been directed by the State legis- 
lature, and the proceeds derived therefrom au- 
thorized to be used for the benefit of the public 
schools in the towns in which such lands were 
located. In 190 1 the amount realized from this 
source and used for school purposes in the State 
was $27,477.08. There are aboat thirty counties 
in the State wliich still receive revenue from 
this fund. (For apportionment of this fund see 
chapter 232, Laws of 1895.) 

REVIEW QUESTIONS 

Name three sources from which the State derives 
revenue for the support of the pubHc school system ? 
What is the Education Fund ? When was the Common 
School Fund created ? What led to its creation ? How 



REVIEW QUESTIONS 225 

was it created ? When was the first distribution made ? 
What was the amount of the revenue of this fund at 
that time ? Upon what basis was it apportioned ? What 
were counties required to do to participate in the dis- 
tribution of this revenue? For what was the money- 
derived from these two sources used ? When this amount 
was insufficient to pay the salary of teachers, how was the 
balance raised ? What was the capital of this fund in 1805 ? 
In 1 901 ? What amount does the legislature annually 
appropriate from this fund for common schools? 

When was the United States Deposit Fund created? By 
what body ? How was it created ? What amount did New 
York State receive ? Was this fund given or loaned to the 
State? Could this money be recalled? What provision 
does the State constitution make in relation to this fund? 
What disposition was made of this money in 1857? What 
officers have charge of this money ? How are they chosen ? 
What do they do with this money? In 1858 what amount 
from the revenue of this fund was appropriated by the 
State legislature ? For what period was this amount appro- 
priated ? What amount has been appropriated since 1881 ? 
How is the amount appropriated now used? What caused 
the reduction in the revenue from this fund? 

What is the Free School Fund ? How is the amount 
annually appropriated determined? When was this fund 
created? What amount was appropriated that year? 
What was the amount in 1890? In what year was the in- 
crease greatest ? Why ? What increase was made ? What 
was the evident intent of the legislature when it made this 
increase ? Does the fund do this? How is the deficiency 
raised? What was the cost of maintaining the school 
system of the State in the year ending July 31, 1896? How 
was this money raised? What constitute the State school 
moneys ? 

How does the Free School Fund reach the State treas- 
urer? Where must this fund be deposited? How may it 
be transferred from the State treasury ? What report must 
the State Treasurer make of this fund? What should the 
report show ? With what record must the banks in which 
this money is deposited supply the State Superintendent ? 
How may money be paid from this fund? What checks 
and receipts must the State Superintendent countersign ? 
Why is it important that the receipt of the treasurer shall 
be countersigned by the Superintendent? What action 
may the Comptroller take to require counties to pay their 



226 NEW YORK SCHOOL LAW 

proportion of the Free School Fund ? When may the State 
Treasurer and State Superintendent borrow money? To 
whom shall such loan be charged ? What per cent may be 
charged the county on the money thus loaned ? How is 
such money collected from the county? 

From what fund is the salary of school commissioners 
paid? Who is authorized to set this amount aside from 
such fund ? From what fund should the State Superin- 
tendent set aside library money ? From what fund for 
supervision in cities? If the United States Deposit Fund 
is insufficient, from what fund is the balance taken ? What 
amount is set aside for a contingent fund ? From what 
fund? 

Upon what basis is an apportionment made to cities and 
villages for supervision? For what purposes must this 
money be used? What is necessary to entitle a city, vil- 
lage, or district to an allowance for a superintendent? 
What is a supervision quota? 

When is an enumeration of the inhabitants necessary? 
How is the expense of an enumeration paid? Under 
whose certificate? When does the State Superintendent 
make tne apportionment? What are district quotas? 
What are teachers' quotas? Upon what basis are dis- 
trict quotas apportioned? What entitles a district to a 
district quota? May legal holidays be included as any 
part of the i6o days that schools are required to be taught 
in order to entitle a district to a quota? May Saturdays? 
May a school be lawfully in session on a legal holiday ? 
Name the legal holidays in this State? When is a district 
entitled to more than one quota? How many quotas may 
a district receive? On what basis are quotas apportioned 
to cities? What is the amount of a quota ? 

After district quotas have been apportioned, how is the 
other part of the State funds apportioned ? Are Indians 
on reservations included in the population ? How is this 
apportionment made in counties containing a city ? For 
what purpose must school moneys apportioned by the 
State Superintendent be used? What is the penalty for 
using them otherwise ? 

For what reasons may a school district be excluded from 
participating in an apportionment ? How may an allow- 
ance be made in such cases ? If the apportionment has 
been made, how may the allowance be made? What 



REVIEW QUESTIONS 22/ 

authority has the State Superintendent in cases where a 
district IS not entitled to a quota by reason of having em- 
ployed an unqualified teacher? How may that which has 
been wrongly apportioned be reclaimed ? What disposition 
is made of such money when recovered? If such money 
has been expended and cannot be reclaimed, what should 
be done ^ What is done with the money thus deducted ? 

What is the remedy when a school district has not re- 
ceived its just apportionment? What if this fund is 
insufficient? With what officers should the State Superin- 
tendent file a certificate of his annual apportionment? 
What certificate should he file of supplemental appor 
tionments ? When does the law provide that school 
moneys shall be payable? To whom? Is it paid on this 
date ? Why not ? When is the first third of the State 
taxes payable by County Treasurer? The second third ? 
The last third ? 

Explain the origin of Gospel and School lands. How 
was the revenue derived from this source used ? What 
amount was realized in 1901 ? How many counties now 
receive revenue from this fund? 

15 



CHAPTER XVIII 

STATE SCHOOL MONEYS — {Continued) 

APPORTIONMENT BY SCHOOL COMMISSIONERS 

[See Article 2 of Title II] 

Date of Apportionment. — The school commis- 
sioners of each county are required to meet at 
the county seat of their respective counties on the 
third Tuesday of March in each year, for the 
purpose of apportioning and dividing the State 
and other school moneys. 

To Set Apart District Quotas. — The commis- 
sioners should first set apart to each school dis- 
trict under their jurisdiction the district quotas 
apportioned to such districts by the State Su- 
perintendent. They should also set apart to each 
school district which did not share in the ap- 
portionment of the previous year, such sum as 
the State Superintendent shall have allowed it. 

Unexpended Moneys in Hands of Super- 
visors. — Commissioners should obtain from the 
treasurer of the county a report of the unex- 
pended moneys which were in the hands of the 
supervisors of the various towns in the county on 
the first Tuesday of March preceding, and which 



STATE SCHOOL MONEYS 229 

were applicable to the payment of teachers' wages 
and for library purposes. The amount of this 
money, if for teachers' wages, should be added 
to the amount apportioned to the county on the 
basis of population by the State Superintendent ; 
if library money, it should be added to the amount 
apportioned by the State Superintendent to the 
county for library purposes. Any school district 
which does not use all moneys paid to the super- 
visor by the county treasurer for teachers' wages 
and libraries before the first day of March next 
following the date on which it was apportioned 
by the commissioners, forfeits such unexpended 
moneys. These moneys are not paid by super- 
visors to the county treasurer or any other officer, 
but are retained by them and placed to the credit 
of the districts to which they were first appor- 
tioned; but in the next apportionment by the 
school commissioners, the amount of such mon- 
eys is, therefore, deducted from the amount ap- 
portioned to such district. 

Apportionment of Fines Held by County Treas- 
urer. — The school commissioners shall also 
obtain from the county treasurer a report of the 
amount of money paid to him from fines and 
penalties or obtained from any other source for 
the benefit of the schools of any town or for any 



230 NEW YORK SCHOOL LAW 

district in the county. If any such money has 
been received by the county treasurer for a 
school district it shall be set aside by the com- 
missioners and credited to such district. If such 
money has been received for the schools of a 
town, then it shall be placed to the credit of such 
town and shall be apportioned to school districts 
of such town with the other school moneys be- 
longing to the town, and shall be used to pay the 
salary of teachers. 

Apportionment on School Attendance. — The 
money apportioned by the State Superintendent 
to the counties of the State on the basis of popu- 
lation, is re-apportioned by the commissioners to 
the schoool districts of the county on the basis of 
attendance of pupils. The unexpended money in 
the hands of supervisors and the amount received 
from fines, etc., as explained in the preceding 
two paragraphs, are apportioned in the same 
manner. 

Apportionment of Library Money. — This topic 
is discussed fully in the chapter on " Common 
School and Public Libraries." (See page 246.) 

How Such Money Is Apportioned. — To deter- 
mine the amount due each district the following 
steps should be observed : First, divide the total 
amount to be apportioned on this basis by the 



STATE SCHOOL MONEYS 23 1 

aggregate attendance of the pupils of lawful age 
of all the districts in the county. This gives the 
amount to be apportioned on each day's attend- 
ance. Second, multiply this amount by the total 
number of days' attendance of all pupils in any 
school district, and the result will be the amount 
of money to be apportioned to such district. 

School Attendance on Which Apportionment 
is Based. — The attendance of all persons resid- 
ing in the district who are between the ages of 
five and eighteen years, and of all children over 
four years of age who have attended a free kin- 
dergarten supported by the district, is the attend- 
ance upon which school money is apportioned. 

This attendance is obtained from the records 
kept by teachers in school registers. The total 
number of days' attendance of each district is 
reported by trustees in their annual report to the 
commissioners, and from these reports commis- 
sioners obtain the aggregate attendance for each 
district and for the county. 

Payment of Money Apportioned to Joint Dis- 
tricts. — In a joint district which lies in one 
county., the money due to such district is paid to 
the supervisor of the town in which the school- 
house is located. In a joint district which lies in 
two or more counties, a report must be filed by 



232 NEW YORK SCHOOL LAW 

the trustees for that portion of the attendance 
from each county. Apportionments are made 
from each county in which the district is located, 
and are based upon the aggregate attendance of 
resident pupils of the respective counties. The 
district quotas of joint districts are apportioned by 
the Superintendent for the school commissioner 
district in which the school-house is situated, 
and are paid to the supervisor of the town in 
which the school-house is located. The money 
apportioned on aggregate attendance for pupils 
from counties in which the school-house is not 
situated, is paid to the supervisor of the towns in 
which such pupils reside and which form a part 
of the joint district. 

Commissioner's Certificate of Apportion- 
ment. — After having completed their apportion- 
ment, commissioners should make and sign two 
certificates showing the amount apportioned to 
each school district and part of a district, also the 
towns in which the districts are located and the 
source from which each item was derived. One 
of these certificates should be immediately filed 
with the county treasurer and the other with the 
State Superintendent of Public Instruction. 

Commissioners' Certificate to Supervisors.— 
The commissioners should immediately after 



STATE SCHOOL MONEYS 2T,i, 

making an apportionment file with each super- 
visor, in their respective districts, a statement 
showing the amount apportioned to each town 
and the portions which such supervisors should 
pay to each school district or part of a district for 
library purposes and the salary of teachers. 

Filing Certificate of Apportionment. — Upon 
receipt of the commissioner's certificate of appor- 
tionrxient, supervisors should make a copy thereof 
for their own use, and each should file the origi- 
nal in the town clerk's office of his town. 

Correcting Erroneous Apportionment. — If 
commissioners, through any error, have appor- 
tioned to any district a larger or a smaller share 
of money than it should receive, the commis- 
sioners, with the approval of the State Superin- 
tendent of Public Instruction, may correct such 
error in their next annual apportionment. 

Districts Entitled to Share in Apportion- 
ment. — No district is entitled to share in the 
apportionment of school moneys unless the trus- 
tees' report for the preceding school year shows 
that a school was maintained in the district and 
taught by a qualified teacher for at least 1 60 days, 
inclusive of legal holidays, and of attendance 
upon teachers' institutes — which shall not exceed 
three weeks. 



234 NEW YORK SCHOOL LAW 

Payment of School Moneys to Supervisors. — 

After the supervisor has given the required bond 
and the county treasurer has received the school 
money from the State Treasurer, such money is 
paid by the county treasurer to the supervisors 
of his county, who disburse it as required by law. 
For further information, see chapter on " Su- 
pervisors, County Treasurers, etc." 

REVIEW QUESTIONS 

When do school commissioners apportion school money? 
What moneys should they first set apart ? How do com- 
missioners ascertain the amount of unexpended moneys in 
the hands of supervisors ? What is done with this money? 
How may a district forfeit part of its money ? Are these 
moneys returned by supervisors ? How are such cases 
adjusted ? How do commissioners ascertain the amount of 
fines and penalties ? How should records of these matters 
be kept ? How should such moneys be apportioned ? 

What moneys are apportioned on the basis of attend- 
ance of pupils ? What is the first step in apportioning 
money on this basis ? The second ? W hat constitutes the 
attendance of a district upon which money is appor- 
tioned ? How is this attendance officially obtained by 
commissioners ? 

Explain fully how money is apportioned to joint districts. 
What certificate must the commissioners file with the 
county treasurer and the State Superintendent? What 
statement should a commissioner file with supervisors of 
the towns of his district ? What should supervisors do 
with such statements ? How may an erroneous appor- 
tionment be corrected ? What school districts are entitled 
to share in an apportionment? What districts are not? 
From whom does the county treasurer obtain the school 
money? To whom does the county treasurer pay it? 
What does that officer do with it ? 



CHAPTER XVIII 

COMPULSORY EDUCATION LAW 
[See Title XVI] 

The Act of 1874. — On May 11, 1874, the State 
legislature passed a Compulsory Education Law, 
which went into effect January i, 1875. The 
burden of enforcing the provisions of this act 
was placed upon trustees. Little attention was 
given to the measure, and it was never enforced 
to any extent in any part of the State. After 
remaining a dead letter upon the statute books 
for twenty years, the act was superseded by 
chapter 671 of the Laws of 1894, the provisions 
of which will be presented in this chapter.* 

Terms Defined. — The terms " school authorities'' 
and ''persofi in parental relation to a child ' ' occur so 
often in this measure that a complete knowledge 
of their meaning is necessary, in order to have a 
clear understanding of the provisions of this law. 

'' School Authorities,'' wherever used in this act, 
means the trustees or boards of education, or any 
other officers known by any name whatever whose 

*The main features of the Compulsory Education Law were 
made applicable to the Indian children on the Allegany and 
Cattaraugus Indian reservations in 1900. (See chap, 183, Laws 
of 1900.) Also to the Onondaga reservation in 1901. (See chap. 
1S8, Laws of 1901.) 



236 NEW YORK SCHOOL LAW 

duties are the same as those of trustees or boards 
of education of a city, a union free-school district, 
a common-school district, or any other district 
created by special act of the State legislature. 

''Persons in Parental Relation to a Child,'' — This 
term, whenever used in this act, means those 
persons who have the lawful care, custody, and 
control of children. The term includes parents, 
guardians, or any other persons standir g in such 
capacity, whether one or more. 

Who Shall Attend Upon Instruction. — Those 
who are required to attend upon instruction, are 
by the law classified according to age, as follows : 
children between eight and twelve years of age, 
those between twelve and fourteen years of age, 
and those between fourteen and sixteen years of 
age. 

Number of Days' Attendance Required. — 
Children between the ages of eight and twelve 
years are required to attend upon instruction as 
many days each year, between the first day of 
October and the first day of June following, as 
the public school in the district in which such 
children reside shall be in session during that 
period. 

Children between the ages of twelve and four- 
teen years are required to attend upon instruction 



COMPULSORY EDUCATION LAW 237 

during the school year then current at least 
eighty days. Such eighty days must be secular 
and consecutive, unless attendance is prevented 
by sickness, holidays, or vacations, and absence 
for these reasons shall not be counted a part of 
the required time of eighty days. In addition 
to such required period of eighty days, all chil- 
dren between these ages must attend upon in- 
struction every school day when not regularly 
engaged in some legitimate service or employ- 
ment. 

The State Superintendent has ruled that the 
eighty days' attendance must be in the first part 
of the school year, as children between these 
ages are required to present certificates of such 
attendance before they can legally be employed. 

Children between the ages of fourteen and 
sixteen years, when not regularly and lawfully 
engaged in some useful employment or service, 
shall attend upon instruction every school day 
between the first day of October and the first day 
of June following during which period the pub- 
lic school shall be in session. 

Where Children May Attend Upon Instruc- 
tion. — This law does not prescribe that children 
shall attend public schools. It provides that they 
shall attend upon instruction. Such attendance upon 



238 NEW YORK SCHOOL LAW 

instruction may, therefore, be in a public school, 
a private school, or at home. 

Character of Instruction. — When children 
attend elsewhere than at a public school, the in- 
struction given must be substantially the same as 
that given to children of like age in the public 
schools in the city or district in which such 
children reside. The number of hours' attend- 
ance shall be the same as that required in the pub- 
lic school of the district in which such children 
reside. No greater allowance for holidays, vaca- 
tions, etc., shall be made upon such attendance 
than is allowed in the public schools of the dis- 
trict in which such children reside. 

Duty of Parents, Guardians, etc. — The law 
makes it the duty of every parent, guardian, or 
other person standing in parental relation to a 
child or children between the ages of eight and 
sixteen years, to require such child or children 
to attend upon instruction as required by law, 
provided such child or children are in proper 
physical and mental condition to attend school. 
If parents or other persons are unable to compel 
such child or children to attend upon instruc- 
tion, they must file proof by affidavit to that 
effect with the school authorities of the city or 
district. 



COMPULSORY EDUCATION LAW 239 

Parent or Guardian Guilty of Misdemeanor, 

etc. —Any parent, guardian, or other person in 
parental relation to a child or children, who fails 
to require them to attend upon instruction as re- 
quired by law and who does not file proper proof 
with the school authorities of his inability to com- 
pel such attendance, is guilty of a misdemeanor. 
For the first offence a fine not exceeding $5 may 
be imposed. Each subsequent offence is punish- 
able by a fine not to exceed $50, or by imprison- 
ment not to exceed thirty days, or by both such 
fine and imprisonment. No provision having 
been made by this act as to what should be done 
with a fine in this case, it has been held that it 
should go, when paid, into the county treasury. 
Unlawful Employment of Children. — It is 
unlawful under the compulsory act for any person, 
firm, or corporation to employ in business of any 
kind a child between the ages of eight and twelve 
years during any period when the public school 
of the district in which the child resides shall be 
in session. 

• It is also unlawful to employ a child between 
the ages of twelve and fourteen years, unless at 
the time of such employment the child presents 
a certificate, signed by the superintendent of the 
school of the district in which the child resides, 



240 NEW YORK SCHOOL LAW 

certifying that the child has been in attendance 
upon instruction for eighty days during the 
school year between September and July then 
current. 

In a school district not employing a superin- 
tendent, such certificate shall be signed by some 
officer designated by the school authorities of such 
district. 

Penalty for Unlawful Employment. — Any per- 
son, firm, or corporation that employs any child 
contrary to the provisions stated in the preceding 
paragraph shall forfeit $50 for each offence. 
This fine shall be paid to the treasurer of the city 
or village or to the supervisor of the town in 
which the offence occurs, and must be added to 
the public school moneys of the city, village, or 
district in which the offence occurs. 

Record of Attendance by Teachers. — The 
teacher of every public school is required to keep 
an accurate record of attendance of all children 
between the ages of eight and sixteen years. 
This record must show the attendance each day 
by the year, month, day of the month, and day 
of the week, and the number of hours thereof 
each day. Teachers of private schools are also 
required to keep such record of attendance. A 
record of attendance upon instruction must also 



COMPULSORY EDUCATION LAW 241 

be kept of children who do not attend public 
or private schools, but who are instructed at 
home. 

These records must also be kept open to be in- 
spected by any attendance ofhcer or other person 
appointed by the school authorities of the city or 
district. Teachers must also answer all reason- 
able inquiries relative to such records. A willful 
refusal or neglect to answer any such inquiry is 
a misdemeanor. 

It is important that all records of attendance 
shall be kept with great care, as in cases taken to 
the courts the school register will be the princi- 
pal documentary evidence as to the attendance 
of pupils. 

Attendance Officers. — In each city, and in 
each union free-school district or common-school 
district including in whole or in part an incor- 
porated village, the school authorities of such city 
or district shall appoint as many attendance offi- 
cers as such board shall deem necessary for the 
proper enforcement of this attendance act. Such 
board may also at any time remove such attend- 
ance officers. Boards must also fix the compensa- 
tion of these officers, define their duties, and 
establish rules and regulations for their guidance. 
The supervision and enforcement of this act is 



242 NEW YORK SCHOOL LAW 

placed in the hands of the superintendent of 
schools in such cities and districts. 

The town board of each town must also appoint 
as many attendance officers for their town as, in 
the judgment of such board, shall be necessary 
for the proper enforcement of this act. The 
jurisdiction of such officers extends over all dis- 
tricts except those mentioned in the preceding 
paragraph. A town board in appointing attend- 
ance officers can not limit the jurisdiction of such 
officers to specific school districts. The town 
board shall fix the compensation of such officers, 
which shall be a town charge. 

School commissioners have the power to re- 
move from office attendance officers appointed 
by town boards. 

A trustee can not legally hold the position of 
attendance officer. The State Superintendent 
has ruled that as the act is silent as to the term 
of office of town attendance officers, town boards 
must make such appointments annually on or 
before the first of October. 

Arrest of Truants. — Attendance officers have 
authority to arrest at any time, without warrant, 
any child between eight and sixteen years of 
age who is then a truant from instruction upon 
which such child is lawfully required to attend. 



COMPULSORY EDUCATION LAW 243 

In case any child is thus arrested, the attend- 
ance officer must forthwith take such child to his 
home^ or to his teacher ; or in case the child is an 
habitual truant, the officer must take him before 
a police magistrate, who may commit him to a 
truant school or to some similar institution. 
After each arrest it is the duty of the attendance 
officer to report the disposition made by him of 
the child, to the school authorities of the district 
where such child was required to attend school. 

Truant Schools. — The school authorities of 
any city or school district may establish schools 
or set apart separate rooms for children who are 
habitual truants, or who are insubordinate while 
in attendance, or who are irregular in their attend- 
ance ; and they may provide for the confinement, 
maintenance, and instruction of such children 
in such schools. If the school authorities of any 
city or school district do not establish a truant 
school, they may make a contract with any other 
city or school district having a truant school, for 
the confinement, maintenance, ,^and instruction 
of their truant children. 

Commitment. — When the persons in parental 

relation to a child give their written consent, 

such child may be confined and maintained in a 

truant school ; or in a private school, an orphans' 

16 



244 NEW YORK SCHOOL LAW - 

home, or similar institution controlled by per- 
sons of the same religious faith as the persons in 
parental relation to the child, for a period not ex- 
ceeding the remainder of the current school year. 

If the persons in parental relation to the child 
refuse their consent, the child may be proceeded 
against as a disorderly person, and, upon con- 
viction, must be sentenced to be confined and 
maintained for the remainder of the current 
school year either in a truant school or in a pri- 
vate school, an orphans' home, or similar insti- 
tution. 

No persons convicted of crimes or misdemean- 
ors other than truancy can be committed to any 
truant schools. 

Expenses of Commitments — Where Charge- 
able. — The city or village employing a superin- 
tendent of schools must pay the expense attend- 
ing the commitment and cost of maintenance of 
any child committed by them to a truant school. 

In all other cases such expense and costs are a 
county charge. 

Industrial Training. — In every truant school 
established industrial training must be furnished. 

Excuses for Absence and Tardiness Re- 
quired. — The State Superintendent of Public In- 
struction has ruled that every child subject to the 



COMPULSORY EDUCATION LAW 245 

provisions of the compulsory attendance law may 
be required to furnish a satisfactory explanation 
for absence or tardiness, and has held that sick- 
ness of the child, sickness in the family requiring 
the services of the child, or some urgent neces- 
sity, shall be deemed the only ordinary excuse 
for such absence or tardiness. 

Assistants. — The State Superintendent has 
authority to appoint as many inspectors for the 
enforcement of this law as he shall deem neces- 
sary. At present four inspectors have been 
chosen for this work. 

Withholding State Funds. — The State Super- 
intendent has authority to withhold one-half of 
the public school money from any city or district 
which willfully omits or refuses to enforce the 
provisions of this act. Before this power is exer- 
cised, due notice must be given to such city 
or school district authorities. When such city or 
district complies, however, with any provision of 
law which may not have been enforced, and for 
non-compliance with which any money has been 
withheld, the State Superintendent shall pay 
over to the authorities of such city or district 
the amount so withheld. 



246 NEW YORK SCHOOL LAW 



REVIEW QUESTIONS 

When was the present compulsory attendance law 
enacted ? What compulsory act preceded this ? Why was 
it not enforced ? Define "school authorities," "persons 
in parental relation to a child." 

Into what three classes in respect to age may children be 
arranged who are required to attend upon instruction ? 
Why is the term " attend upon instruction " used instead 
of ''attend school?" For what period must children 
between 8 and 12 years of age attend school ? Between 12 
and 14 years ? During what part of the year must this 
attendance occur ? Why? What must be the character 
of the attendance ? Can absence for sickness, holidays, 
vacations, etc., be counted part of the required eighty days ? 
When must children between 14 and 16 years of age attend 
upon instruction ? Must the attendance be at a public 
school ? Where may it be ? When children are instructed 
elsewhere than at a public school, what must be the char- 
acter of such instruction ? The daily period of instruction ? 
What about allowance of holidays, etc. ? 

What is the duty of persons in parental authority ? If 
unable to compel children in their care to attend upon in- 
struction, what must they do ? When is a parent or guard- 
ian guilty of a misdemeanor? What is the penalty for the 
first offence ? 4 Each subsequent offence ? When fines are 
collected, to whom should they be paid ? When is it un- 
lawful to employ children between 8 and 12 years of age ? 
Between 12 and 14 years ? By whom must a certificate of 
attendance be signed ? What is the penalty for unlawful 
employment of children? What disposition is made of a 
fine thus collected ? 

What record of attendance must teachers keep ? What 
must such record show ? Are the teachers of private 
schools and those employed in homes of children required 
to keep such record ? To whom should this record be 
open for inspection ? What is the penalty imposed upon 
teachers who refuse to answer reasonable inquiries relative 
to such records ? 

For what school districts do the school authorities ap- 
point attendance officers ? How many may they appoint ? 
Who determines the compensation of such officers? By 
whom may they be removed ? Who is charged with the 
duty of enforcing the law in such districts or cities? 



REVIEW QUESTIONS 247 

For what districts may town boards appoint attendance 
officers ? How many ? Who fixes their compensation ? 
What is their jurisdiction ? May town boards in appoint- 
ing such officers limit their jurisdiction to certain school 
districts? Are trustees ehgible to hold this office ? Who 
may remove these officers from office ? What authority 
have attendance officers to arrest truants ? When a truant 
is arrested what must the officer do with such truant? 
After such arrest what report must the attendance officer 
make? To whom? How may truant schools be estab- 
lished? What three classes of pupils may be confined in 
such schools ? What power have school authorities to 
contract for the confinement and maintenance of truants? 
With the written consent of the parents or guardian, 
where may a truant be committed ? When the person in 
parental authority refuses to consent, what action should 
be taken ? What persons cannot be committed to truant 
schools ? When is the expense of such commitment a 
city or village charge ? When a county charge ? What 
instruction must be given in all truant schools ? 

What is the ruling of the State Superintendent as to 
what constitutes a satisfactory excuse for absence or tardi- 
ness? What help may the State Superintendent enploy 
to assist in enforcing this law ? How many are now em- 
ployed ? When may the State Superintendent withhold 
public money from a district ? What portion may be with- 
held? What action must be taken first? When must 
the State Superintendent pay over moneys thus withheld? 



CHAPTER XIX 

SCHOOL AND PUBLIC LIBRARIES 
(See Title XIII) 

Apportionment of Library Moneys. — Commis- 
sioners are required to apportion library moneys 
at the same time that they apportion other mon- 
eys to the school districts in their county as di 
rected by law. The law provides that an amount 
shall be apportioned to each school district equal 
to the amount which each district has raised for 
library purposes. The amount raised by the dis- 
trict may have been raised by taxation upon the 
district or it may have been raised by voluntary 
contributions, by school entertainments, or in any 
other manner. It is immaterial how the money 
is raised, so long as it is placed at the disposal of 
the school authorities for library purposes. 

If the aggregate amount raised by the school 
districts of a county exceeds the amount appor- 
tioned to such county, it is impossible to appor- 
tion to each of such districts an amount equal to 
that which each district raised for library pur- 
poses. The law provides that in cases of this 
kind each district having raised money for library 



SCHOOL AND PUBLIC LIBRARIES 249 

purposes shall be entitled to share in the appor- 
tionment pro rata. 

As the amount appropriated by the State for 
library purposes is only $55,000, the amount 
raised by school districts in many counties has 
exceeded the amount apportioned to such 
counties, and it has been found necessary to es- 
tablish a limit to the amount which each district 
may raise with the expectation of receiving an 
equal amount from the State library fund. This 
amount has been fixed under a regulation of the 
State Department of Public Instruction at a sum 
not less than $5 and not more than $10 for com- 
mon-school districts, and not less than $10 nor 
more than $25 for union free-school districts. 
Even under this regulation, in some counties 
the amount raised by districts exceeds the 
amount apportioned to such counties by the 
State, and the library money of such counties 
must then be apportioned to those districts which 
have raised money pro rata. 

Districts which have not raised money in some 
manner are not entitled to share in the appor- 
tionment of library money. 

State Superintendent Has General Supervi- 
sion. — The State Superintendent has power to 
establish, modify, or abolish any regulation for 



250 NEW YORK SCHOOL LAW 

the expenditure of school library money and 
the administration and care of school libraries. 
All provisions of law and rules of the State Su- 
perintendent for the management of district 
libraries shall apply to the management of school 
libraries until modified as directed by law. 

Expenditure of Library Money. — No part of 
the library money of a district — either that 
raised by the district, apportioned from State 
funds, or received from any other source — shall 
be used for any other purpose than for the pur- 
chase of books, and such books must be approved 
by the State Superintendent before being pur- 
chased. 

Superintendent May Withhold Money.— The 
State Superintendent may withhold from any 
city or district its share of public school moneys, for 
expending library money for any other purpose 
than the purchase of approved books, or for any 
other willful neglect or violation of law or of 
the regulations which the Superintendent has 
adopted. 

Librarian. — The board of education of a union 
free-school district and also the board of trustees 
of a common-school district shall appoint as 
librarian one of the teachers in the employ of 
their district. Such librarian and trustees or 



SCHOOL AND PUBLIC LIBRARIES 25 1 

board of education, as the case may be, shall be 
responsible for the safe-keeping and care of the 
books in the library of their district. They 
shall annually, and oftener if called upon, make 
a report as the State Superintendent shall direct 
concerning such library. 

Use of School Library. — A school library can- 
not be used as a circulating library. It must be 
kept in the school building at all times and it 
forms a part of the school equipment. Pupils, 
school officers and teachers, however, may, when 
the rules of the State Superintendent permit, 
and with the consent of the librarian, borrow any 
book in Said library not needed for reference in 
the school-rooms. Such persons may not borrow 
more than one book at a time nor keep such 
book more than two weeks. 

Books of Which Library Shall Consist. — 

School libraries shall consist of reference books 
to be used in the school-room, suitable supple- 
mentary reading -books for pupils, books relating 
to the branches of study being pursued in the 
school, and pedagogic books for the assistance of 
teachers. It is a ruling of the State Department 
to allow a reasonable number of duplicate books 
to be purchased for supplementary reading. The 
exact number can not be fixed. The State 



252 NEW YORK SCHOOL LAW 

Superintendent will not approve a list including 
several copies of a text-book upon any subject 
for the use of pupils. This would really be fur- 
nishing free text-books, which is not permissible. 

Books May be Transferred to Free Library.— 
The books or library property of any city or 
union free-school district may be transferred by 
the board of education of such city or union free- 
school district to any township or other free 
public library under State supervision, upon 
condition that such library shall remain free to 
the people of such city or district. Such city or 
district may also aid by tax or in any other way 
in the establishment of such free public library. 
The same action may be taken by any common- 
school district in the State when a majority of 
the legal voters present and voting at any meet- 
ing, duly convened, shall so direct. 

Release of School Authorities. — The approval 
of such transfer should be obtained from the Re- 
gents under their seal, and a receipt of such 
transfer should be taken from the officers of the 
free public library to whom the transfer is made. 
Such approval and such receipt shall thereafter 
relieve the school authorities of such districts or 
cities from further responsibility for said library 
and property transferred. 



REVIEW QUESTIONS 253 



REVIEW QUESTIONS 



By whom is library money apportioned ? When ? What 
amount may each district receive? How may a district 
raise the amount required ? How will library money be 
apportioned when the aggregate amount raised by the dis- 
tricts of a county exceeds the amount apportioned by the 
State to such county ? What amount is appropriated by 
the State for hbrary purposes? What amount must a 
common- school district raise in order to share in the 
apportionment of State funds? In union free-school dis- 
tricts ? Why was this regulation adopted ? What districts 
are debarred from sharing in the apportionment of State 
library money ? What power to adopt regulations has the 
State Superintendent ? 

For what purpose must library money be expended? 
What books may be purchased ? What is the penalty for 
expending library money for other purposes than for books 
approved by the State Superintendent ? What for failing 
or refusing to comply with the regulations of the State 
Superintendent? By whom is the librarian of a union 
free school appointed ? Of a common school ? Who must 
be selected librarian in either case ? Who is responsible 
for the care and safe-keeping of a library ? What reports 
must be made to the State Superintendent ? 

May a school library be used as a circulating library ? 
Where must the library be kept ? Who may borrow books 
from such library? "^When ? For what period? How 
many books at one time? Of what books must such 
Hbrary consist ? Of what books may duplicates be pur- 
chased ? How many ? May duplicate text-books be 
purchased for pupils? Why? To whom may the library 
of a city or a union free-school district be transferred ? 
Upon what conditions must such transfer be made ? By 
whom is such transfer made ? When may a common- 
school district make such transfer ? What aid may a city 
or a school district give to the establishment of this pro- 
ject ? What approvals to such transfers should be 
obtained? What receipt? What is the effect of such 
approval and such receipt ? 



CHAPTER XX 

COURSES OF STUDY, SUBJECTS INCLUDED, ETC. — 
PHYSIOLOGY AND HYGIENE. 

Authority to Adopt Courses of Stud5^— Under 
subdivision 1 1 of section 47 of article 6 of title 7 
of the Consolidated School Law of 1894, the au- 
thority to prescribe courses of study for common- 
school districts is given to the trustees of such 
districts. 

Under subdivision 3 of section 15 of article 4 
of title 8 of the same act, the authority to pre- 
scribe courses of study for union free-school dis- 
tricts is given to boards of education of such 
districts. (See chapter 25, " Methods of instruc- 
tion and program of study.") 

Subjects That Must be Included in Such 
Courses. — There is no direct provision of law 
naming the subjects that shall constitute courses 
of study prepared by trustees and boards of edu- 
cation. The only express provision of law re- 
quiring that any subject shall be taught is the 
one requiring that physiology and hygiene with 
special reference to the effects of stimulants and 
narcotics shall be taught in all public schools. 



COURSES OF STUDY 255 

Section 3 of title 16 of the Compulsory Educa- 
tion Law, provides that the children who are re- 
quired by that act to attend upon instruction 
shall be taught in the branches of reading, spelling, 
writing, arithmetic, English Grainniar, and geography. 

The trustee or trustees of each common-school 
district and the board of education of each union 
free-school district must include in their courses 
of study these subjects and in addition thereto 
the subject of physiology and hygiene as re- 
quired by law, and such subjects must be taught 
in all common, schools, union free schools, or 
other public schools created by special act. 

Other Subjects May be Included. — Trustees of 
common-school districts have the authority to in- 
clude in their course of study other subjects not 
named in the preceding paragraph. In arrang- 
ing such courses they should exercise proper dis- 
cretion. If trustees abuse the power granted 
them in this respect and include subjects not 
practical and not for the best educational inter-* 
ests of the district, an appeal should be taken to 
the State Superintendent, who has the authority 
to order that such subjects shall not be included 
in a course of study. 

Authority of Teachers. — A teacher has no 
authority in arranging courses of study and can 



256 NEW YORK SCHOOL LAW 

not direct what studies shall be pursued. This 
is a matter resting solely with trustees. 

In most common-school districts the task of 
preparing a course of study is referred by trustees 
to teachers, and teachers prepare such courses of 
study under direction from trustees. 

Authority of Parents. — Parents cannot direct 
what subjects shall be included in a course of 
study or what subjects their children shall pur- 
sue. When a child is admitted to any public 
school such child must pursue the course of study 
prescribed by the legal authorities of such school. 

Vocal Music. — The law provides that the 
board of education in each city and in each union 
free-school district may provide for free instruc- 
tion in vocal music in all the schools under their 
management. Boards of education are not re- 
quired to include the subject of vocal music in 
their course of study, but may include it if they 
decide by a majority vote to do so. 
■ The Superintendent of Public Instruction may 
provide instruction in vocal music for all teach- 
ers' institutes held in the State under his super- 
vision. The course of study in normal schools 
may also embrace the subject of vocal music. 
No express provision is made by law for teach- 
ing this subject in common schools; but under 



COURSES OF STUDY 257 

the general authority of trustees to prescribe the 
courses of study for such schools, trustees may 
include the subject of vocal music. (Article 8, 
title 15.) 

Drawing. — The board of education of each city 
is required by law to provide for free instruction 
in industrial or free-hand drawing in at least one 
department of the schools under the charge of 
the board. The board of education of each 
union free-school district is also required by law 
to provide free instruction in this subject in all 
schools under their charge, unless excused from 
so doing by the State Superintendent of Public 
Instruction. State normal schools are also re- 
quired to include this subject in their course of 
study. 

Whenever the city authorities of any city shall 
direct that evening schools shall be established, 
or when the qualified voters of any union free- 
school district duly convened shall so direct and 
shall make provision for their maintenance, for 
the purpose of giving free instruction in industrial 
drawing, then the board of education of such 
city or district is required by law to cause even- 
ing schools to be organized as directed. The au- 
thorities of cities and the electors of union free- 
school districts have power to raise the necessary 



258 NEW YORK SCHOOL LAW 

funds for the purpose of supporting such schools. 
(Article 7, title 15.) 

The trustees of common-school districts are 
not expressly authorized to include this subject 
in their course of instruction, but under their 
general powers conferred by law, they may m^ake 
it a part of their course of study. As all candi- 
dates for certificates above the third grade are 
required to pass an examination in this subject, 
and as all teachers in attendance upon normal 
schools, training classes, and teachers' institutes 
receive instruction in the subject, and for the 
further reason that the best educational opinion 
of the day is that such subject should be taught 
in all schools, therefore, trustees of common- 
school districts should include drawing in their 
course of study, although not required by law to 
do so. 

Kindergarten. — The school authorities of any 
union free or common school district in any 
county having less than 1,000,000 inhabitants, 
may establish one or more free kindergarten 
schools. They are not required by law to pro- 
vide these schools but may act according to their 
judgment in the matter. 

The money for the support of these schools 
is raised in the same manner as money for the 



COURSES OF STUDY 259 

support of all other schools. No child below the 
age of four years can lawfully be admitted to 
these schools, and the school authorities of each 
school may fix the highest age limit for those 
who may attend. 

The teachers employed in these schools must 
be licensed under such regulations as the State 
Superintendent prescribes, and each district em- 
ploying one or more kindergarten teachers is 
entitled to a district quota for each of such teach- 
ers employed. The attendance of children be- 
tween four and five years of age may be included 
in the aggregate attendance of all pupils residing 
in the district upon whose attendance public 
money is apportioned. (Article 9, title 15.) 

Industrial Training. — Boards of education in 
cities, in union free-school districts, and in vil- 
lages, and trustees of public school districts have 
authority to establish and maintain a depart- 
ment or departments in the schools under their 
charge for industrial training and for teaching 
and illustrating the manual or industrial arts 
and the principles underlying the same. For 
this purpose they may purchase material, em- 
ploy instructors, and maintain such shops as in 
their judgment are deemed necessary, whenever 
• 17 



26o NEW YORK SCHOOL LAW 

the proper authorities shall authorize a tax for 

such purpose. 

All normal schools in the State are required 

by law to give instruction in this subject to the 

extent required by the State Superintendent. 

(Article lo, title 15.) 

PHYSIOLOGY AND HYGIENE 
[See Art. 6 of Title XV] 

Character of Instruction. — The law provides 
that the nature of alcoholic drinks and other 
narcotics and tJieir effects on the human system 
shall be taught as thoroughly as other subjects 
are taught in all schools under State control or 
supported in whole or in part by the public 
money of the State. Such instruction must also 
be given in schools connected with reformatory 
institutions. This instruction must be given in 
connection with the various divisions of physi- 
ology and hygiene. 

Who Shall Receive Instruction. — The pupils 
in all schools described in the preceding para- 
graph who are below the second year of the high 
school and above the third year of school work, 
counting from the lowest primary, but not in- 
cluding the kindergarten, or who are in corre- 
sponding classes in ungraded schools, must study 



COURSES OF STUDY 261 

and must be taught this subject from suitable text- 
books. All pupils who come within these pro- 
visions must be supplied with suitable text-books. 
All pupils in the three lowest primary school 
years, not including kindergarten, must receive 
oral instruction. 

Period of Instruction. —The ruling of Super- 
intendent Skinner on the subject is as follows : 

All pupils above the third year or grade, and below the second 
year of the high school, must study the subject from suitable text- 
books /t;^ not less than three lessons a week for ten or more weeks, or 
the equivalent of the same in each year. This requires thirty lessons 
during the school year, which may be given at any time in the 
discretion of the local school authorities. Any plan may be 
adopted which will complete thirty lessons within the school year. 

Where there are nine or more yo-zx^ below the high school, the 
instruction may be omitted above the eighth year and below 
the high school. 

Note.— All pupils in the lowest three primary (not kinder- 
garten) school years shall be instructed in this subject orally for 
not less than two lessons a week for ten weeks or the equivalent of the 
same in each yeat. This requires twenty lessons during each school 
year, arranged in the discretion of local school authorities. 

Text-Books. — All text-books used must be 
graded to the capacities of fourth year, interme- 
diate, grammar, and high school pupils, or to 
corresponding classes in ungraded schools. For 
students below the high-school grade, all text- 
books must give at least one-fifth their space, and 
for pupils of the high-school grade, not less than 
twenty pages, to the "nature and effects of 



262 NEW YORK SCHOOL LAW 

alcoholic drinks and other narcotics." This 
subject must be considered in connection with 
each division of physiology and hygiene. Pages 
in a separate chapter at the end of a book can 
not be considered in determining the minimum 
pages which a book must contain. 

A text-book which does not comply with these 
provisions can not legally be used. 

Regents' Examinations. — All Regents' ex- 
aminations in physiology and hygiene must in- 
clude a proportionate number of questions on the 
nature of alcoholic drinks and other narcotics 
and their effects on the human system. 

Instruction in Normal Schools, Institutes, and 
Training Classes. — All normal schools in the 
State, teachers' institutes, and training classes 
must give proper time and attention to the best 
methods of teaching this subject. 

Duty of Teacher. — It is the duty of every 
teacher to teach this subject as required by law, 
and the State Superintendent, on satisfactory 
evidence that any teacher has willfully refused to 
teach the subject, should revoke the license of 
such teacher. 

No teacher can receive a certificate to teach 
who does not pass a satisfactory examination in 
the subject and the best methods of teaching it. 



COURSES OF STUDY 26^ 

Apportionment of Public Money. — Before any 
city can receive any of the public money of the 
State, the superintendent of schools of such city 
must file an affidavit with the city treasurer or 
chamberlain, and a copy thereof with the State 
Superintendent of Public Instruction, that he has 
made an investigation into the facts and that to 
the best of his knowledge and belief all the pro- 
visions of this law have been complied with in 
the schools under his supervision. 

A similar affidavit must be made by the presi- 
dent of the board of education of each union free- 
school district and by the trustees of each com- 
mon-school district and filed with the school 
commissioners having jurisdiction before such 
schools can receive public money from the State. 

Duties of School Officers. — The law provides 
that local school authorities must provide the 
necessary facilities and a definite time and place 
for this branch in the regular courses of study. 
Under this provision of law the State Superin- 
tendent has ruled that where school patrons are 
unable or unwilling to buy necessary text-books 
the local authorities may purchase such books 
at the expense of the district. 

Withholding Public Money. — Where it is 
established to the satisfaction of the State 



264 NEW YORK SCHOOL LAW 

Superintendent, upon appeal, that any city or 
school district has failed to comply with the pro- 
visions of this law, he should withhold the public 
money of such city or district until it meets the 
requirements of the law. 

Religious Exercises in Schools. — Religious 
exercises of any character can not lawfully be 
conducted in any public school. No pupil can 
lawfully be compelled to remain in school during 
a religious exercise, nor can a pupil be compelled 
to take part in any religious exercise. No part 
of the time prescribed for a public school to be 
in session can lawfully be devoted to religious 
exercises of any kind. Reading the Bible or 
repeating a prayer is a religious exercise. These 
statements are based upon the uniform rulings 
and decisions of the State Superintendents of 
New York State. 

In many cases all the patrons of a school are 
willing that religious exercises should be held. 
In any such case, it has been the policy of the 
State Department not to interfere in any way 
with the holding of such exercises. 

Where a portion of the patrons of a school de- 
sire the observance of religious exercises and 
pupils assemble in the school-room previous to 
the regular hour for opening school, and no 



REVIEW QUESTIONS 265 

objection is made by any taxable inhabitant of the 
district, such exercises may be conducted, pro- 
vided all pupils are permitted to act their pleasure 
in regard to attendance thereon, and, provided 
the exercises are not continued beyond the hour 
at which the school should regularly convene. 
Whenever any dissensions would arise from con- 
ducting religious exercises on this plan, such ex- 
ercises should not be held. 

REVIEW QUESTIONS 

Who have the authority to adopt courses of study for 
common-school districts ? For union free-school districts ? 
Does the law provide what subjects shall be taught in com- 
mon schools? What one subject must be taught ? What 
subjects does the compulsory education act provide shall 
be taught to children who are required to attend upon in- 
struction? What subjects, then, must be included in 
courses of study? In what schools must such subjects be 
taught? May other subjects be included? What is the 
remedy if trustees include subjects unreasonable, imprac- 
ticable, etc. ? What authority have teachers in arranging 
courses of study ? What authority have parents ? Can 
parents direct what subjects their children shall pursue in 
a public school ? 

In what schools does the law provide that vocal music 
may be taught ? Are boards of education required to in- 
clude such subject in their course of study? Where may 
the Superintendent provide that instruction in vocal music 
may be given ? May it be included in normal schools? 
May trustees include this subject in a course of study for 
common schools? 

What is the law in relation to teaching industrial or free- 
hand drawing in cities? In union free schools ? State 
normal schools? When must boards of education in 
cities maintain evening schools to give instruction in 
this subject ? In union free schools ? How shall funds be 



266 NEW YORK SCHOOL LAW 

raised for supporting these schools ? Are trustees of com- 
mon-school districts directed by law to include this subject 
in their course of study ? May they include it? Why? 

What schools may establish kindergartens ? Is the law- 
mandatory or optional ? How is money for the support of 
these schools raised? How must teachers in these schools 
be licensed? Does the employment of such teachers en- 
title a district to a quota? What is the law in relation to 
attendance of pupils ? 

What districts may under the law maintain schools or 
departments for instruction in industrial training? What 
powers have school authorities to purchase material for 
this purpose ? What is the law in relation to instruction 
in this branch in normal schools ? 

In what schools must the subject of physiology and 
hygiene be taught? What is the provision of law relative 
to teaching about alcoholic drinks ? What pupils must 
study the subject in graded schools ? In ungraded schools ? 
What about kindergarten pupils ? What pupils must use 
text-books? What pupils must receive oral instruction?. 
What period of instruction from text-books must each 
pupil receive? What is the ruling of the State Superin- 
tendent on this question ? What is his ruling relative to 
oral instruction ? How must text-books be graded ? 
What portion of text-books for pupils below the high 
school grade must be given to this subject ? For pupils 
above the high school grade ? How must matters relating 
to this subject be distributed in text-books? What is the 
law relating to pages on this subject which are put at the 
end of a book ? What are the requirements in relation to 
Regents* examinations? What in relation to normal 
schools, institutes, and training classes ? What is the 
duty of a teacher in relation to teaching this subject? 
What is the duty of the State Superintendent in case 
a teacher refuses to teach the subject ? What is required 
of a teacher under this law in order to obtain a certificate ? 
What action must be taken by city authorities before 
cities can receive any of the State funds ? By union free 
schools? By common schools ? What is the duty of 
school officers under this law? Under what circumstances 
may school authorities purchase text-books? What is the 
duty of the State Superintendent when any city or school 
district fails to comply with any of the provisions of this 
law ? 



REVIEW QUESTIONS 267 

Can religious exercises be, lawfully, conducted in any- 
public school ? Can pupils be required to remain in school 
during a religious exercise ? Can a pupil be compelled to 
take part in any religious exercise ? Can any portion of 
the time prescribed for public school work be devoted 
to religious exercises ? Is reading the Bible or repeating a 
prayer a religious exercise ? 

Under what conditions might religious exercises be con- 
ducted in a public school ? 



CHAPTER XXI 

TEXT'BOOKS, CODE OF PUBLIC INSTRUCTION, ARBOR 
DAY, FLAG LAW 

[See Articles 2, 3, and 15, Title XV, Consolidated School 

Law] 

Adoption of Text-Books. — In union free- 
school districts and cities, boards of education or 
bodies performing the duties of boards of educa- 
tion, constitute the proper authority to determine 
and adopt the text-books that shall be used in the 
schools under their jurisdiction. 

In common-school districts, text-books for use 
in such schools must be designated by the legal 
voters of each of such districts at an annual meet- 
ing. The votes of two-thirds of all the legal 
voters present and voting at such meeting are 
necessary to adopt any text-book. As the law- 
provides that the adoption of text -books in a 
common-school district shall be at an annual 
meeting, such action can not be taken at a special 
fneeting. 

Change of Text-Books. — After a text-book 
shall have been regularly adopted for the schools 
of a union free-school district or city by the 



TEXT-BOOKS 269 

board of education of such district or city, or by 
any other body performing the duty of such 
board, it is unlawful for such board to supersede 
the books thus adopted by any other book within 
a period of five years from the date on which 
such books were adopted, except by a three- 
fourths vote of the members of such board. 

In a common-school district, after a text-book 
has been regularly adopted it cannot lawfully 
be superseded within a period of five years, ex- 
cept upon a three-fourths vote of the legal 
voters of such district present and voting at an 
annual meeting. 

After a text-book regularly adopted has been 
in use in a union free-school district or city for 
five or more years, such book may be superseded 
by another book, by a majority vote of the mem- 
bers of the board of education having jurisdic- 
tion. In a common-school district, after a text- 
book, regularly adopted, has been in use for five 
or more years, it may be superseded by another 
book, by a two-thirds vote of the legal voters of 
such district present and voting at any annual 
meeting. 

Penalty for Violations. — Any person or per- 
sons guilty of a violation of the provisions 
stated in either of the foregoing paragraphs, is 



270 NEW YORK SCHOOL LAW 

liable to a fine of not less than $50 nor more than 
$100 for each offence. 

Fine, How Collected. — Any tax-payer may sue 
any person guilty of a violation of these provi- 
sions before a justice of the peace. Such fine, 
when collected, should be paid to the collector or 
treasurer of the district in which such violation 
occurred, and used for the benefit of the schools 
of such district. 

Supplying Pupils With Text-Books. — A meet- 
ing of a union free-school district may vote an 
appropriation for supplying indigent pupils with 
text-books. When such action is taken by a dis- 
tri:t meeting, it is the duty of the board of edu- 
cation to provide books for such pupils. 

Free Text-Books. — A majority of the legal 
voters of a union free-school district may decide 
to supply the pupils of such district with free 
text-books. This question may be voted upon 
at a special meeting regularly called, or at an 
annual meeting when notice has been duly given 
that such vote will be taken. The vote must be 
by the ayes and noes and must be duly recorded. 
When the voters of a district have decided to fur- 
nish pupils free text-books, the board of educa- 
tion of such district must supply all pupils within 
ninety days with free text-books. The board of 



CODE OF PUBLIC INSTRUCTION 2/1 

education has authority to prescribe regulations 
for the care, use, and distribution of books. 

CODE OF PUBLIC INSTRUCTION 

Custodian of Code. — The trustee or trustees 
of each school district are the custodians of the 
Code of Public Instruction of their district, and 
they should deliver such code to their successors 
in office. 

Loss of Code. — If through the fault or neg- 
lect of any trustee, the code belonging to his 
district is lost or destroyed, it is the duty of such 
trustee to purchase a copy of the latest edition 
of the Code of Public Instruction and deliver it 
to his successor in office in the place of the copy 
lost or destroyed through his negligence. 

Penalty. — Any trustee who fails to take proper 
care of such code belonging to the district or who 
fails or refuses to replace such copy when lost or 
destroyed through his negligence, is subject to 
a fine of $25, to be sued for by the supervisors of 
the town in which the district is located. A fine 
collected from this source must be used for the 
purchase of books for the school library. 



272 NEW YORK SCHOOL LAW 

ARBOR DAY. 

History. — Arbor Day in New York was created 
by chapter 196 of the Laws of 1888 and has been 
observed annually by the public schools of the 
State from that date. Since the establishment 
of this day the school children have planted on 
the school grounds of the State over 246,317 trees 
and many plants and shrubs. 

Arbor Day originated in Nebraska in 1872, and 
is now observed by every State in the Union. 

State Tree. — In 1889 the vote of the school 
children of the State for a State tree resulted in 
the sugar maple's receiving a majority of all votes 
cast. Since that time the sugar maple has been 
considered the State tree. 

State Flower. — In 1890 State Superintendent 
Draper requested the school children of the State 
to vote on Arbor Day for a State flower. One 
hundred and thirty different varieties received 
votes, and 31 8,0*79 votes were cast. The golden- 
rod received the greatest number of votes cast, 
81,308, while the rose received 'jc^fi^^ votes. As 
no flower received a majority of the votes cast, 
and as the vote for the golden-rod and the rose 
was so evenly divided, Superintendent Draper re- 
quested that a vote be taken on these two flowers 
on Arbor Day in 1891. This vote was taken, 



ARBOR DAY 273 

with the result that the rose received 294,816 
votes and the golden-rod 206,402. The rose is 
therefore considered our State flower. 

Best American Nature Poem. — On Arbor Day 
of 1 89 1 the teachers of the State, in response to 
a request of the State Superintendent that they 
express their choice by vote for the best Ameri- 
can poem on nature or trees, selected Bryant's 
Forest Hymn by a majority of 156 votes. Bry- 
ant's Thanatopsis was second choice. 

Date. — Arbor Day occurs on the Friday fol- 
lowing the first day of May in each year. 

Duty of School Authorities. — The law makes 
it the duty of the school authorities of every pub- 
lic school in the State ' * to observe this day prop- 
erly by assembling the pupils in the school build- 
ing or elsewhere for the purpose of holding, under 
the general direction of the city superintendent or 
school commissioner, exercises which shall tend 
to encourage the planting, protection, and pre- 
servation of trees and shrubs, and an acquaint- 
ance with the best methods to be adopted to ac- 
complish such results." 

Program of Exercises. — The State Superin. 
tendent of Public Instruction is required to pre- 
pare a program of exercises and instruction for 
use in the public schools on Arbor Day and to 



274 NEW YORK SCHOOL LAW 

cause the same to be distributed throughout the 
districts of the State. 

Distribution of Program. — It is the duty of 
school commissioners and city superintendents 
to provide each of the schools under their super- 
vision with as many copies as possible of the 
program prepared by the State Superintendent. 
School commissioners may deposit with each 
town clerk the programs for the school districts 
of the respective towns in their districts, and it 
is the duty of such clerks to deliver such pro- 
grams to the school authorities of each district. 

Annual Appropriation. — The State Superin- 
tendent recommends each year to the State legis- 
lature the amount necessary to carry into effect 
the provisions of law relating to Arbor Day. 
The amount expended in 190 1 was $1,000. 

FLAG LAW 

The legislature of 1895 passed an act making 
it the duty of the school authorities of each 
school district and city in the State to supply a 
United States flag, flagstaff, and other necessary 
appliances for each of the school-houses tinder 
their supervision. This flag should be displayed 
upon or near the school-house during school 
hours and at any other time when so directed by 
the school authorities. 



FLAG LAW 275 

In cities and union free-school districts this 
duty rests with boards of education, and in all 
other districts with the trustees of such districts. 
This matter is not left to the discretion of these 
officers, as the law is mandatory and a failure to 
comply with its provisions is sufficient cause for 
removal from office. 

If a school-house is not supplied with a flag 
and the necessary appliances, or if such flag 
and appliances have been lost or destroyed, the 
trustees or board of education of the district or 
city in which such school-house is located should 
purchase a flag and appliances and levy a tax 
upon the district for the expense of the same. 
School authorities may pursue this course with- 
out being directed to do so by a district meeting. 

The State Superintendent of Public Instruc- 
tion is required to prepare for the use of the 
public schools of the State a program providing 
for a salute of the flag at the opening of each day 
of school and to provide for such other patriotic 
exercises as he may deem to be expedient. To 
also provide for the observance of Lincoln's 
Birthday, Washington's Birthday, Memorial Day, 
Flag Day, and other similar legal holidays. 
18 



2'j(> NEW YORK SCHOOL LAW 



REVIEW QUESTIONS 

By what authority are text-books adopted in union free- 
school districts? In cities? In common school districts? 
What vote is necessary in common-school districts? 
When can such vote be taken ? After a text-book has 
been adopted in a city or union free-school district, how- 
may such text-book be changed within a period of five 
years ? After a period of five years ? In a common-school 
district how may a text-book be changed within a period 
of five years after its adoption? After a period of five 
years? What is the penalty for violation of these provi- 
sions? How may such fine be collected? For what should 
it be used after it is collected? May a union free-school 
district supply pupils with text-books? When? How is 
it done ? 

Who is the custodian of the district's Code of Public 
Instruction? If a code is lost by the trustee, who should 
supply another copy? What is the penalty if the trustee 
refuses to do this? How nnist such fine be used? 

When was Arbor Day created? How? Where did the 
day originate? When? What is considered our State 
tree? How was it determined? What is considered our 
State flower? How was it determined? Give the history 
of the vote on this question ? What was the result of the 
final vote? What has been decided to be the best Ameri- 
can poem on nature? How was this decided? When 
does Arbor Day occur? What is the duty of school 
authorities in relation to Arbor Day ? Who prepares the 
program of exercises? How are such programs distribu- 
ted ? How is the expense of carrying out the provisions 
of this law met ? What amount was expended in 1895 ? 

State the provisions of the flag law of 1895 relative to 
supplying school districts with a United States flag ? When 
should the flag be displayed ? Where ? Upon whom does 
the provisions of the law fall in union free-school districts ? 
In all other districts ? Are its provisions left to the dis- 
cretion of school authorities? What is the penalty for 
failing to comply with its provisions ? If a district has not 
a flag and appliances, who should purchase one ? If a flag 
and appliances have been destroyed, who should replace 
them ? Is a vote of the district necessary in either case? 



CHAPTER XXII 

SCHOOLS FOR COLORED CHILDREN, ORPHAN 
SCHOOLS, INDIAN SCHOOLS, DEAF AND DUMB 
AND BLIND INSTITUTIONS 

[See Articles ii, 12, 13, and 14, Title XV, Consolidated 
School Law] 

SCHOOLS FOR COLORED CHILDREN 

Where Established. — Previous to September 
I, 1900, the school authorities of any city or of any 
incorporated village, the schools of which were or- 
ganized under the union free-school law or under 
special acts, possessed the power to establish 
schools for colored children. The legislature of 
1900 amended the law relating to colored schools 
by repealing section 28 of title 15 of the Consoli- 
dated School Law. The school authorities of the 
cities and incorporated villages of the State are, 
therefore, prohibited from establishing schools 
for colored children. This repealing act also 
contained a provision that no person should be 
refused admission into or be excluded from any 
public school in the State on account of race or 
color. 

The only school districts, therefore, in which 
schools for colored children may be established 



2/8 NEW YORK SCHOOL LAW 

are union free-school districts outside of cities 
and incorporated villages, and common-scliool 
districts outside of cities and incorporated vil- 
lages, which are organized under special acts. 
Schools for colored children may be organized in 
these districts when the inhabitants so direct by 
a resolution at an annual meeting or special 
meeting regularly called for that purpose. 

Children Who May Attend.— When a separate 
school is established for colored children in any 
district, the colored children residents of such 
district between the ages of five and twenty-one 
years are entitled to attend such separate school. 

How Supported. — When separate colored 
schools are established in any district such 
schools must be supported in the same manner 
and to the same extent that schools are supported 
in such districts for white children. 

Equipment of Schools. — Colored schools are 
subject to the same rules and regulations that 
control white schools, and the facilities for in- 
struction in colored schools must be equal to 
those in the schools for white children. 

Teachers. — The teachers employed in colored 
schools must be legally qualified teachers, the 
same as those employed in schools for white 
children. 



INDIAN SCHOOLS 27Q 

ORPHAN SCHOOLS 

The schools of all the incorporated orphan asy- 
lum societies in this State, except those in the 
city of New York, are subject to the rules and 
regulations of the common schools of the city or 
district in which such societies are located, but 
such schools are under the immediate manage- 
ment and direction of such societies. 

These schools are entitled to participate in the 
apportionment of the school moneys in the same 
manner and to the same extent, in proportion to 
the number of children educated therein, as are 
the common schools in the districts in which such 
societies are located. 

INDIAN SCHOOLS 

General Statement. — There are eight Indian 
reservations in this State. On these reservations 
twenty-nine Indian schools are maintained, in 
which are employed thirty teachers. Each reser- 
vation has a local superintendent of schools ap- 
pointed by the State Superintendent of Public In- 
struction. The superintendent of the Allegany and 
Cattaraugus reservation receives $300 per year 
for his services, and in addition thereto his legiti- 
mate traveling expenses while performing his 
official duties and three dollars per day for certain 
special services. The superintendents of the 



28o 



NEW YORK SCHOOL LAW 



Other reservations receive $3 per day for their 
services and their necessary traveling expenses. 
The following table gives important information 
relative to these reservations for 19©! : 



Name of 
Reservation 


County of 
Location 


Name of 
Superintendent 


tn 

5 

t) 

o'S 


tn 

w. 
4; 
xi 
u 

<u 


No. of 
Pupils of 
school age 


Allegany and Catta- 
raugus 


Allegany and Cat- 
taraugus 

Onondaga 


Wm. K. Harrison . 
W. W. Newman. .. 
Alex. MacDonald.. 

T. S. Raynor 

Chas. C. Parker... 
Adelaide L. Harris- 


16 

I 
5 

2 

3 
2 


16 
2 
5 

2 

4 

3 


500 




130 


St Regis 


Franklin 


325 


Shinnecock and 
Poospatuck 


Suffolk 


74 


Erie 


»37 




Niagara 


105 









Duty of State Superintendent. — The State 
Superintendent is charged with general super- 
vision of the Indian schools. He should ascer- 
tain the needs and character of the education of 
the various Indian bands in the State, provide 
schools in such places as he deems necessary, 
and appoint superintendents for them. When 
necessary, the State Superintendent, with the 
concurrence of the Comptroller and Secretary of 
State, may cause suitable school buildings to be 
erected on the Indian reservations. 

Co-operation of Indians. — The State Superin- 
tendent is charged with obtaining the co-opera- 
tion of the several bands of Indians in supporting 
the schools established for their benefit. He is 



INDIAN SCHOOLS 28l 

required to visit their reservations, or delegate 
some representative to visit them, to discuss 
means of improvement and education with them 
in public assembly and to induce them, if possi 
ble, to donate land, material, labor, and public 
funds for the erection of suitable buildings. 

Protection to Title. — When any of the Indian 
land shall have been given for occupancy or use 
for school purposes the right or title of Indians 
to such land should be protected. The right of 
the State to remove or otherwise dispose of all 
improvements made at the expense of the State 
should be reserved in all contracts. 

Public Money. — All Indian children in the 
State between the ages of four and twenty-one 
years are entitled to draw public money on the 
same basis as are white children. It is the duty 
of the State Superintendent to cause an annual 
enumeration of Indian children to be made and to 
see that the public money to which they are 
entitled is devoted exclusively to their education. 

Annual Appropriation. — For the purpose of 
executing the provisions of law relating to Indian 
schools, the legislature makes an annual appro- 
priation from the revenue of the common-school 
fund. This money is paid by the State Treasurer 
on the warrant of the Comptroller to the order 



282 NEW YORK SCHOOL LAW 

of the State Superintendent, from time to time, 
as such money is needed. Special appropria- 
tions from the general fund are sometimes made 
by the legislature for repairs and improvements 
on the school property of reservations. 

Vouchers and Receipts. — The State Superin- 
tendent is required to file in his office vouchers 
and receipts for all expenditures made under the 
provisions of this chapter. 

Report to Legislature. — The State Superin- 
tendent is required to report annually to the 
legislature the condition of Indian schools. He 
is, therefore, authorized to require from the su- 
perintendent of schools on Indian reservations a 
detailed report of the condition of such schools. 

DEAF AND DUMB AND BLIND INSTITUTIONS 

Duty of State Superintendent. — All institu- 
tions for the instruction of the deaf and dumb 
and blind, and all other similar institutions 
incorporated under the laws of this State are un- 
der the inspection and supervision of the State 
Superintendent of Public Instruction. He should 
ascertain the expenditures of each institution, 
the system of instruction pursued therein, and 
the condition of the lodgings and accommoda- 
tions of the pupils. 



DEAF AND DUMB AND BLIND INSTITUTIONS 283 

He should ascertain by comparing these insti- 
tutions with similar institutions whether im- 
provements in instruction and discipline can be 
made. For this purpose he may appoint persons 
to visit these institutions. He should also sug- 
gest to the directors of these institutions and to 
the State legislature those improvements and 
changes which in his judgment are deemed wise. 

Annual Report. — The State Superintendent is 
required to make an annual report to the State 
legislature on all matters relating to these institu- 
tions; particularly to the condition of the schools, 
the improvement of the pupils, and their treat- 
ment in respect to board and lodging. 

Eligibility of Appointments of Deaf and Dumb 
Persons. — A deaf and dumb person to receive 
an appointment as a State pupil to an institution 
for the deaf and dumb must possess the follow- 
ing qualifications: Such person must be up- 
v/ards of twelve years of age and have been a 
resident of the State for three years immediately 
preceding his or her application for admission to 
such institution; or, if a minor, the parent or 
parents, or if an orphan, the nearest friend must 
have been a resident of this State for three years 
immediately preceding the application for an ap- 
pointment as a State pupil. 



284 NEW YORK SCHOOL LAW 

Eligibility of Blind Persons for Appointment 
as State Pupils. — All blind persons of suitable 
age (no specific age required by law) who possess 
the same qualifications in regard to residence as 
deaf and dumb candidates, may be appointed 
State pupils as follows: 

All those who are residents of New York, 
Kings. Queens, Suffolk, Richmond, Westchester, 
Putnam, and Rockland shall be appointed to the 
Institution for the Blind in New York city. 
Those residing in all other counties in the State 
should be appointed to the Batavia institution. 

By Whom Appointments are Made - Appoint- 
ments of State pupils to any of these institutions, 
except the Institution for the Blind in Batavia, 
are made by the State Superintendent of Public 
Instruction upon application. In making such 
appointments the State Superintendent may im- 
pose the condition, in the case of parents or 
guardians or friends who have sufficient means, 
that some portion of the expense of educating 
and clothing such pupil shall be borne by the 
parent, guardian or friend. The Superintendent 
also has the authority to modify such conditions 
whenever he deems it wise to do so. Appoint- 
ments to the Batavia institution are made to the 
board of trustees, and must be approved by the 



DEAF AND DUMB AND BLIND INSTITUTIONS 285 

county judge or county clerk of the county or the 
supervisor or town clerk of the town or ihe 
mayor of the city in which the applicant resides. 

Support of State Pupils. — A State pupil ap- 
pointed to any of these institutions must be pro- 
vided with board, lodging, and tuition. The 
directors of Deaf and Dumb institutions are en- 
titled to receive $260 per year from the State in 
quarterly payments for each pupil, and the Blind 
institutions $250 per year in like manner for each 
pupil. State pupils who are children of indigent 
parents or guardians are supplied with clothing 
by the counties from which they are appointed. 

The treasurer of each institution should pre- 
sent a bill showing the number of pupils and the 
time each pupil attended, to the State Comp- 
troller for audit and payment. 

This bill must be signed and verified by oath 
of the president and secretary of the institution. 
The bill is paid by the State Treasurer on the 
warrant of the Comptroller. 

Term of Instruction. — The regular term of 
instruction for each pupil is five years, but the 
State Superintendent may extend such time not 
to exceed three years. 

Regulations for Admission of Pupils. — The 
State Superintendent may establish regulations 



286 NEW YORK SCHOOL LAW 

to require the admission of pupils at these insti- 
tutions at regular periods. 

The legislature of 1897 authorizes the Albany 
Home School for the Oral Instruction of the Deaf 
to receive deaf and dumb persons who are eligible 
to appointment, and who are more than twelve 
years of age. The State Superintendent of Pub- 
lie Instruction is also authorized to make appoint- 
ments to this institution. 

REVIEW QUESTIONS 

In what school districts may a board of education estab- 
lish schools for colored children without a vote of the dis- 
trict? In what districts is a vote required before a board 
can establish such schools ? Who are entitled to attend 
such colored schools? How are such schools supported? 
How should such schools be equipped ? What teachers 
must be employed? 

How are the schools of the incorporated orphan asylum 
societies related to the public school system? To what 
pubHc money are they entitled? What is the duty of the 
State Superintendent in relation to Indian schools ? When 
may he cause school buildings to be erected on Indian 
reservations ? What co-operation of the Indians should he 
enlist? What protection to title should be given to 
Indians when their land is used for school purposes? 
What right should be reserved to the State? How should 
public money be apportioned among the Indian children ? 
How should this money be expended? What amount is 
annually appropriated for this purpose ? How is this 
money paid? What is done with the vouchers and re- 
ceipts ? What reports must be made in relation to Indian 
reservations ? What apportionment is made by the State 
Superintendent ? 

What jurisdiction has the State Superintendent over 
Deaf and Dumb and Blind institutions? What knowledge 
of the work of these institutions should he possess? What 
report in relation to these institutions must be made? 
Who are eligible to appointment as State deaf and dumb 



REVIEW QUESTIONS 287 

pupils? Who are eligible to appointment as State pupils 
to blind institutions? By whom are these appointments 
made? In making these appointments what conditions 
may the State Superintendent impose ? How are these 
State pupils supported? To whom are bills for these ex- 
penses presented ? In what form ? By whom are they 
paid ? What is the regular period of instruction ? What 
extension may be granted? Who adopts the regulations 
for admission of these pupils? What institution was 
authorized by the legislature of 1897 to receive deaf and 
dumb pupils for instructions ? 



CHAPTER XXIII 



NORMAL SCHOOL 
[Special Acts] 

Historical Sketch. — There are eleven State 
normal schools in the State and one State normal 
college. Their location and the dates on which 
they were established and opened are as follows : 



Location 



Albany 

Brockport.. 

Buffalo 

Cortland... 
Fredonia... 
Geneseo ... 
Jamaica.. -. 
New Paltz 
Oneonta .. 

Oswego 

Plattsburg 
Potsdam .. 



Established 


Opened 


1844 


1844 


1866 


1867 


1S67 


1871 


1866 


1869 


1866 


1868 


1867 


1871 


1893 


1897 


1885 


i836 


1887 


1889 


1863 


1863 


1889 


1890 


1866 


1869 



The first school at Albany was simply an ex- 
periment and was only temporarily established. 
It was made a permanent institution in 1848. In 
1890, this school was changed to the State Nor- 
mal College. Since the establishment of these 
institutions about 18,500 students have been 
graduated therefrom. They are now attended by 
about 9,500 pupils annually and maintained at an 
annual expense of about four hundred thousand 



NORMAL SCHOOLS 289 

dollars. The value of the property of these 
schools is more than $2,000,000. 

The Object. — The acts creating these schools 
state their establishment to be " for the instruc- 
tion and practice of teachers of common schools in 
the science of education and the art of teaching. 

How Established. — Normal schools are estab- 
lished by special act of the State legislature. 
There is no general law providing for their 
creation. 

How Governed. — The State Superintendent 
of Public Instruction has general supervision of 
these schools. Each school, however, has a local 
board, whose members are appointed for life by 
the State Superintendent. As vacancies occur, 
either by death or resignation, they are filled by 
appointment by the State Superintendent. The 
local board must consist of not less than three and 
not more than thirteen members. (The State 
Normal College board consists of five members.) 
The number on each board varies, ranging from 
six to thirteen. Members of a local board can be 
removed by the joint action of the State Superin- 
tendent and the Chancellor of the University of 
the State of New York. A majority of the mem- 
bers of a local board constitutes a quorum for 
the transaction of business. 



290 NEW YORK SCHOOL LAW 

Powers and Duties of Local Board. — i. The 

local board is required to establish rules and 
regulations for the general government of the 
school under its direction. 

2. The local board is required to make an an- 
nual report in such form and giving such infor- 
mation as the State Superintendent shall direct. 
This report is submitted to the State legislature 
through the State Superintendent. 

3. It is the duty of local boards to prescribe 
the courses of study to be pursued in their re- 
spective schools. 

4. Local boards are the custodians of the build- 
ings and grounds of their respective schools and 
of all other property of the State pertaining 
thereto. 

5. Local boards are authorized to appoint; 
special policemen to protect the buildings and: 
grounds and to preserve peace. These officers 
have power to arrest offenders. 

6. It is the duty of local boards to supply these 
schools with necessary equipments and supplies. 

7. Local boards are directed to insure the build- 
ings and property of their respective schools for 
the benefit of the State, and to pay for such 
insurance out of the moneys appropriated by the 
State for the maintenance of such schools. 



NORMAL SCHOOLS 29I 

8. Local boards may, with the approval of the 
State Superintendent of Public Instruction, ac- 
cept for the State money or property of any kind 
to be used for the general support of these schools 
as may be prescribed by the instrument making 
the gift. 

9. Local boards employ and contract with the 
teachers employed in their respective schools. 

10. A local board has power to dismiss pupils. 
Principal — The principal is the chief executive 

officer for the board and has the immediate 
supervision of all work pertaining to the manage- 
ment of the school and the instruction given 
therein. 

Powers and Duties of State Superintendent. — 
The State Superintendent is directed by law to 
appoint members of the local board, he deter- 
mines the number of teachers to be employed 
and the amount of compensation to be paid 
them, he approves the appointment of teachers, 
and also approves the courses of study prescribed 
by the board. 

He is also empowered to prescribe the con- 
ditions upon which pupils will be admitted to 
these schools, and to determine the number 
which may be admitted to each institution. 

Admission of Pupils. — To be admitted to a 

19 



292 NEW YORK SCHOOL LAW 

normal school, candidates must be at least six- 
teen years of age and must receive an appoint- 
ment from the school commissioner of the com- 
missioner district or from the superintendent of 
schools of the city in which such candidates re- 
side. Appointments must be approved by the 
State Superintendent. In addition thereto all 
candidates should hold one of the following cer- 
tificates of proficiency :^ a diploma of a univer- 
sity or college of the standing recognized by the 
State Department of Public Instruction, a State 
certificate, a first-grade uniform-examination cer- 
tificate, a training-class certificate, or a second- 
grade uniform-examination certificate in force, 
a Regents' diploma, or a diploma from a high 
school having a course of study approved nnder 
the provisions of chapter 103 1 of the Laws of 
1895. 

Candidates who do not hold such certificates 
of proficiency must obtain a standing of at least 
75 per cent, in each of the following subjects, in 
an examination held under the direction of the 
State Superintendent: 

* This is a regulation of the State Superintendent of Public 
Instruction and is subject to modification from time to time. 
The exact requirements may be obtained at any time by 
writing the State Superintendent for a circular letter giving this 
information. 



NORMAL SCHOOLS 293 

Arithmetic, geography, grammar, English 
composition, orthography. United States history, 
and penmanship. 

These examinations are held in all school com- 
missioner districts, and cities which have adopted 
the uniform system of examinations, in January, 
April, August, and October of each year. 

Privileges of Pupils. — Residents of the State 
regularly admitted to a normal school can not be 
charged tuition and can not be charged for the 
use of books or apparatus. Pupils, however, 
are chargeable for books lost by them or dam- 
aged while in their possession. 

Dismissal of Pupils. — The local board may 
dismiss pupils for disorderly or immoral conduct 
or for neglect or inability to perform their work, 
or for a failure to comply with the regulations of 
the school upon which they are in attendance. 

Non-Resident Pupils. — Pupils who are not 
residents of the State may be admitted to these 
schools upon paying such tuition as the State 
Superintendent shall prescribe, which is $20 per 
term. 

Indian Pupils.— The State Treasurer is author- 
ized to pay on the warrant of the State Comp- 
troller to the State Superintendent a sum not to 



294 NEW YORK SCHOOL LAW 

exceed $i,ooo per year for the support and edu- 
cation of ''ten Indian youth" in the State normal 
school [college] at Albany. 

These pupils must be selected by the State Su- 
perintendent from the several Indian tribes in 
the State so as to distribute such selections 
equitably among these tribes. They must not 
be under sixteen years of age, and they are not 
entitled to more than three years' education 
in such school. The executive committee of 
this normal school [college] is made the guardian 
of such pupils while they are in attendance upon 
such institution, and such committee is author- 
ized to pay the necessary expenses of such pupils, 
not to exceed $ioo per year for each of such 
pupils from the funds provided for such purpose. 
(Chapter 89, Laws 1850.) 

Courses of Study. — Each of the normal schools 
has three courses of study, viz., English, scien- 
tific, and classical. Each course is practically 
the same in all the schools. Some also have a 
special kindergarten and primary course. These 
courses are prescribed by the local boards 
but must be approved by the State Superin- 
tendent. 

Diplomas. — The State Superintendent of 
Public Instruction prepares diplomas, which are 



NORMAL SCHOOLS 295 

granted to those who complete a course of study 
in these institutions. These diplomas are signed 
by the State Superintendent, the chairman and 
secretary of the local board, and the principal of 
the schooP. Such diplomas entitle their holders 
to teach for life in the public schools of the State. 
They may be revoked by the State Superintend- 
ent for cause. The diplomas show the course of 
study which was pursued. 

Application of Tuition. — Local boards may ex- 
pend the tuition received from any department 
of their respective schools for apparatus, furni- 
ture, repairs, insurance, improvements upon the 
grounds or buildings, or for ordinary current 
expenses. 

Application of Insurance Money. — Whenever 
money is realized from insurance of the prop- 
erty or buildings of normal schools, such money 
must be deposited by the company in which such 
property is insured in a bank designated by the 
State Comptroller. It must be placed to the 
credit of the local board of such school and 
kept as a separate fund. Such money may be 
immediately used by the local board of the school 
to which it belongs upon the approval of the State 

* State Normal College diplomas are signed by the State 
Superintendent of Public Instruction, the President of the 
college, and all members of the local board. 



296 NEW YORK SCHOOL LAW 

Superintendent of Public Instruction, to repair 
or replace in whole or in part the property dam- 
aged or destroyed. 

Academic Departments. — In some normal 
schools, academic departments are maintained 
by the State for the benefit of the localities in 
which such normal schools are located. Children 
of school age residing within the bounds of such 
localities are entitled to attend such schools. 
This is done in consideration of certain privileges 
conferred upon such schools by these localities 
at the time such normal schools were created. 
Non-resident pupils can not lawfully be per- 
mitted to attend the academic departments of 
these schools. 

Removal of Teachers.— The principal and any 
teacher employed in a normal school may be re- 
moved upon joint action of the local board and 
the State Superintendent. The initiatory steps 
in these proceedings should be taken by the local 
board. In June, 1880, Superintendent Gilmour 
demanded the resignation of Principal Hoose, of 
the Cortland normal school. Principal Hoose 
refused to resign. In July, Superintendent Gil- 
mour withdrew his approval of the appointment 
of Principal Hoose and appointed another princi- 
pal, whom the local board would not approve. 



REVIEW QUESTIONS 297 

The case was taken to the courts, and in April, 
1882, the Court of Appeals decided the case in 
favor of Principal Hoose and the local board, on 
the ground that joint action of the board and 
Superintendent was necessary to remove the 
principal, and that the Superintendent did not 
possess the power of removal. 

The Court of Claims in 1884, awarded Dr. 
Hoose payment in full for his salary, except for 
the time he was elsewhere employed, between the 
beginning of the litigation and the decision of 
the Court of Appeals. 

REVIEW QUESTIONS 

How many normal schools are there in the State ? When 
was the first one established ? Where ? When was it 
made permanent ? What change was made in this school 
in 1890? How may persons have been graduated from 
these institutions ? What is the annual attendance ? What 
does it cost annually to maintain them ? What is the 
value of their property? What is the object of these 
institutions ? How are they established ? 

Who has general supervision of these schools ? What 
local authority has supervision of these schools ? How is 
the local board chosen? For what period? Who is the 
executive officer of the board ? Of how many members 
does the local board consist? How may members of this 
board be removed ? What are the duties of the local 
"board in relation to establishing regulations? In sub- 
mitting reports to legislature ? In formulating courses of 
study ? In caring for buildings and other property ? In 
appointing special policemen ? In supplying schools with 
equipments ? In insuring buildings and paying for such 
insurance? In accepting gifts made to the schools for 
the State ? In employing teachers ? In dismissing 



298 NEW YORK SCHOOL LAW 

teachers ? State fully the powers and duties of the State 
Superintendent. 

Who may be admitted to these schools ? By whom are 
appointments made? By whom approved? What cer- 
tificates of proficiency are accepted ? What examinations 
are held ? When ? Where ? What subjects are included ? 
What standing is required'in each subject? 

To what privileges are pupils entitled ? Who may 
dismiss pupils? For what reasons? Upon what con- 
ditions are non-resident pupils admitted ? Who are 7ion- 
resident pupils? What amount is the State Comptroller 
authorized to pay each j'^ear for the support and education 
of Indian youth in these schools ? How many of such 
youth may be educated from such fund? How are they 
chosen ? What must be their age ? How many years may 
they attend these schools ? Who is made guardian of these 
pupils? What amount may be expended each year upon 
these pupils ? 

What courses of study do these schools have ? Are 
these courses uniform ? By whom are they prescribed ? 
By whom approved? Who receive diplomas from these 
schools ? By whom are such diplomas prepared ? By whom 
are they signed ? What privilege do such diplomas con- 
fer? For what may they be revoked? 

How may tuition money be expended ? Where must 
money derived from insurance be deposited? What 
application may be made of such money? What are 
academic departments in these schools ? How were they 
created? Who may attend these departments? Cannon- 
resident pupils be admitted ? How may a teacher be re- 
moved ? Give details of the case relating to the removal 
of Principal Hoose, of Cortland. 



CHAPTER XXIV 

teachers' institutes, training classes, state 
scholarships in cornell university 

teachers' INSTITUTES 

[See Title X] 

Origin. — The first teachers' institute in this 
State was held at Ithaca in April, 1843. It was 
in session for two weeks and was attended by 
twenty-eight teachers. The Superintendent of 
Tompkins county had charge of it and obtained 
assistants to conduct it. It received no aid from 
the State. The propriety of establishing this in- 
stitute was decided upon in October, 1842, at the 
Tompkins County Teachers' Association. The 
work was successful and popular, and other 
counties soon followed the same plan. In 1847 
the legislature appropriated $60.00 for the aid of 
each institute held in the State. 

By Whom Appointed. — The State Superin- 
tendent of Public Instruction has the power — 
and it is his duty — to appoint all institutes 
which are held in the State for the training of 
teachers and the improvement of their qualifica- 
tions. 



300 NEW YORK SCHOOL LAW 

Time and Place of Institute. — The law pro- 
vides that the State Superintendent shall consult 
school commissioners relative to the time and 
place of holding institutes; but the power to des- 
ignate the time and place at which an institute 
shall be held is given solely to the State Superin- 
tendent. 

An institute must be held annually for each 
commissioner district, but the State Superintend- 
ent may, in his discretion, appoint a joint insti- 
tute for two or more school-commissioner dis- 
tricts. 

Employment of Conductors. — The power to 
employ persons to supervise and conduct insti- 
tutes is given to the State Superintendent, and 
he determines the compensation which they 
shall receive. He may also employ any addi- 
tional assistance which he deems for the best in- 
terests of the school system. 

Regulations for Institutes.— The State Super- 
intendent establishes regulations to govern insti- 
tutes, and it is the duty of conductors and school 
commissioners to enforce such rules, and of all 
members of institutes to comply with them. 

Visitation of Institutes. — The law provides 
that the State Superintendent shall, so far as 
consistent with his other duties, visit institutes 



teachers' institutes 301 

or cause them to be visited by representatives of 
the State Department of Public Instruction for 
the purpose of ascertaining the general character 
and proficiency of the work and of rendering all 
assistance possible in the work. 

Notice to Teachers. — It is the duty of the 
school commissioners to notify all teachers, trus- 
tees, and boards of education in their respective 
jurisdiction, and those who desire to become 
teachers, in the manner designated by the State 
Superintendent, of the time and place at which 
institutes will be held. 

Duty of School Commissioners. — When an 
institute has been appointed for any commissioner 

district it is the duty of the commissioner of such 
district to make all the necessary local arrange- 
ments for holding such institute. He should 
provide a suitable room ; he should give the con- 
ductor assistance in organization ; he should see 
that a record of all teachers in attendance upon 
the institute is kept in proper form; he should 
also file with the trustees of each district a report 
showing the attendance of all teachers employed 
therein ; and he must also file with the State 
Superintendent a report of his institute in the 
form prescribed by the State Superintendent and 



3G2 NEW YORK SCHOOL LAW 

giving the information which the Superintendent 
shall require. 

Expense of Institutes. — AH expense involved 
in holding institutes is paid by the State. The 
commissioner in whose district an institute is 
held, must file with the State Superintendent a 
detailed statement of all expenses incurred in 
holding the institute. He must also supply 
vouchers for all expenditures made. The com- 
missioner must submit such statements and 
vouchers under affidavit of the correctness 
thereof. Unreasonable and unnecessary claims 
will not be audited by the State Superintendent. 
Use of School Buildings. — When an institute 
has been appointed for any school-commissioner 
district, the commis'sioner of such district has the 
right to hold such institute in any school build- 
ing of a district in his commissioner district, which 
receives public money, without compensation to 
the State tor its use. The building thus used 
must be left in as ^ood condition as it was when 
taken, as regards its cleanliness and general 
condition. The expense of lighting, heating, and 
janitor service must be paid by the State. 

School Must be Closed.— All public schools in 
the school districts and parts of school districts, 
except as hereinafter stated, located in a school- 



teachers' institutes 303 

commissioner district must be closed during the 
time an institute is held in such commissioner 
district. . • • 

The schools in an incorporated city are not re- 
quired to be closed; in union free schooldistricts 
having a population of five thousand or more and 
employing a superintendent of schools who de- 
votes his whole time to the superintendence of 
the schools in such district, the schools may or 
may not be closed, as the board of education 
shall decide. 

Failure to Close School. — For a wilful fail- 
ure on the part of trustees to close school while 
an institute is in session in the commissioner dis- 
trict in which their school district is located, the 
State Superintendent is authorized to withhold 
the public money to which such district would 
be entitled, and trustees are personally respon- 
sible to a district for the loss of any funds through 
their negligence. Such trustees may also be 
removed from office. 

Who Shall Attend. — All members of training 
classes under instruction in a commissioner dis- 
trict in which an institute is held, all teachers 
engaged in teaching in such commissioner dis- 
trict, and all persons who are under contract to 
teach in any school district, although not teach- 



304 NEW YORK SCHOOL LAW 

ing at the time the institute is held for the com- 
missioner district in which such school district is 
located, must attend such institute for the full 
period for which it is in session. For instance : 

November 2, 1898, John Jones contracted to 
teach in district No. 4, town of Roxbury, Dela- 
ware County. Under the terms of his contract 
school was to open November 28, 1898. An in- 
stitute was held in the school-commissioner dis- 
trict in which this school district is located, during 
the week commencing November 9, 1896. Under 
these conditions Mr. Jones was required to 
attend the institute. 

Failure of Teacher to Attend Institute. — A 
wilful failure on the part of a teacher to attend 
an institute as required by law is sufficient 
ground for the revocation of the license held by 
such teacher. 

Teachers Excused from Attendance. — Phy- 
sical inability to attend an institute properly 
shown by the affidavit of a physician, death in 
the teacher's family, or some other urgent neces- 
sity may, in the discretion of the State Superin- 
tendent, be accepted as sufficient reason for excus- 
ing the absence of a teacher from an institute 
which such teacher should have attended. 

Payment of Teacher. — Trustees are directed 



teachers' institutes 305 

to pay teachers full compensation for the time 
spent by them while in attendance upon an insti- 
tute as required by law. There are usually 
twenty-two sessions at an institute and a teacher 
can receive pay for each session attended. Thus 
a teacher attending nineteen sessions would be 
entitled to receive nineteen twenty-secondths of 
the weekly compensation paid such teacher by 
the district. 

When the compensation a teacher receives in- 
cludes board, and such board is obtained either 
by the teacher's boarding around in a district or 
by the district's hiring such teacher's board, the 
amount paid by the trustees for such board or a 
fair value of board in the district where a teacher 
boards around must be included as a part of the 
teacher's compensation, and the teacher should 
receive pay therefor for time spent in attendance 
upon an institute. 

A teacher who attends an institute while under 
contract to teach although not teaching, is en- 
titled to receive pay the same as though such 
teacher had been engaged in teaching at the time 
the institute was held. 

Attendance Allowed for Apportionment of State 
Money. — Any school district closing its school 
during an institute must be allowed the same 



306 NEW YORK SCHOOL LAW 

average pupil attendance during the time such 
institute was in session as was the average 
weekly aggregate attendance during the week 
previous to such institute. In the apportionment 
of public school money the school commissioner 
must include such attendance in the aggregate 
attendance of the district. 

Summer Institutes. — The State Superintend- 
ent has authority to appoint three summer in- 
stitutes, which shall be located in convenient 
parts of the State. These institutes shall be of 
three weeks' duration and for the purpose of 
training and instructing teachers for the public 
schools of the State. The State Superintendent 
is empowered to employ instructors and to estab- 
lish regulations for the government of such insti- 
tutes. 

These institutes must be open and free to all 
teachers in the State, and to those preparing to 
become teachers if they desire to attend. 

teachers' training classes 

[See Title XI] 
Historical Sketch.— In 1834 an act was passed 
providing for the organization of Teachers' 
Training Classes. They were under the super- 
vision of the Board of Regents from that year 



teachers' training classes 307 

until 1S89, when their supervision was transferred 
by an act of the legislature to the State Superin- 
tendent of Public Instruction. 

Object. — Teachers Training Classes are organ- 
ized to give instruction "in the science and prac- 
tice of common-school teaching" to persons who 
desire to become teachers in the public schools 
of the State. 

Institutions Which May Organize Them. — 
Academies and union free schools are the only 
institutions in which these training classes may 
be organized, and only such of these institutions 
as the State Superintendent of Public Instruction 
designates. 

How Such Institutions are Designated. — The 
State Superintendent of Public Instruction has 
authority, by law, to adopt regulations by which 
institutions desiring the appointment to organize 
training classes must be governed. (As these 
regulations may be changed at any time by the 
State Superintendent they are not given in this 
work, but may be obtained from the State De- 
partment upon application.) 

An institution desiring an appointment to in- 
struct a class should obtain a blank application 
from the State Superintendent, supply the infor- 
mation called for in such blank, and then file it in 



308 NEW YORK SCHOOL LAW 

the State Department at Albany. This applica- 
tion, properly filled out, should be filed not later 
than May ist, and appointments made on such 
applications are for the school year beginning on 
the first day of August following. From the ap- 
plications filed the State Superintendent selects 
those institutions which are the best equipped 
for the work and the selection of which will dis- 
tribute such classes throughout the commissioner 
districts of the State so as to give equal advant- 
ages, as far as possible, to the people of all parts 
of the State. The number of appointments 
which may be made for any year is a matter 
of discretion on the part of the State Superin- 
tendent, but cannot exceed 113. 

Number of Pupils in Class. — No class can le- 
gally be formed with a membership of less than 
ten or more than twenty-five. 

Period of Instruction. — A class cannot legally 
be organized for a shorter period than sixteen 
weeks, and it is within the authority of the State 
Superintendent to require a longer period. 
Under this authority the State Superintendent 
requires the organization of a class to be for two 
terms of not less than eighteen nor more than 
twenty weeks each. The Superintendent has 
also established a regulation requiring the amount 



teachers' training classes 309 

of instruction in these classes for each day to con- 
sist of three periods of forty-five minutes each. 

Tuition. — No pupil admitted to these classes 
and remaining therein the period required under 
the regulations of the State Superintendent can 
lawfully be charged for such attendance. A 
non-resident pupil who is a member of a train- 
ing class and who leaves such class within the 
prescribed period without' the consent of the 
State Superintendent may be charged tuition by 
the school authorities of the district in which 
such training class is organized, at the rate 
charged non-resident pupils who are in attend- 
ance upon such school but who are not members 
of a training class. 

Compensation Allowed.— Any institution main- 
taining a training class of not less than ten pupils 
regularly organized is entitled to receive $500 
from the State. The balance of the training- 
class fund, after expenses of inspection, printing, 
etc., is ratably apportioned on the basis of the 
number of pupils instructed therein in excess of 
the fir«t ten. In case a pupil has not been in 
attendance the required period, the State Super- 
intendent may, for reasons satisfactory to him- 
self, excuse such default and allow the institu- 
tion in which such pupil was instructed full 



3 TO NEW YORK SCHOOL LAW 

compensation for the time such pupil was in 
actual attendance upon such training class. 

This money is paid by the State Comptroller 
on the certificate of the State Superintendent of 
Public Instruction to the district entitled to re- 
ceive it. The money is then the property of the 
district and may be used for school purposes as 
the district directs, except that such money can- 
not be paid as extra compensation to a teacher 
or teachers who receive a fixed salary. 

Training-Class Fund.— The legislature appro- 
priated in 1902 eighty-two thousand five hundred 
dollars from the free school fund for the support 
of these classes. The compensation allowed dis- 
tricts for instruction and the expense of inspec- 
tion and supervision are paid from these appro- 
priations. 

Duties of School Commissioners. — School 
commissioners are directed by law to visit and 
inspect training classes, to advise and assist prin- 
cipals in the organization and management of 
such classes, to conduct examinations for such 
classes as directed by the State Superintendent, 
and to issue certificates in the form prescribed 
by the State Superintendent to those members 
of classes who have met the requirements of the 



TEACHERS' TRAINING CLASSES 3 II 

law and the regulations of the State Superin- 
tendent. 

Training-class Certificates. — A training-class 
certificate is valid for three years and entitles its 
holder to teach in any public school, during its 
validity, in the commissioner district for which 
it is issued. Upon its expiration it may be re- 
newed for a period of five years without fur- 
ther examination. It must also be indorsed 
by any school commissioner in the State, when 
presented to a commissioner for that purpose. 
When thus endorsed, it is valid in the district of 
the commissioner indorsing it, in the same man- 
ner as if such certificate had been issued by such 
commissioner. 

Regulations for Classes. — To the State Super- 
intendent is given the authority to establish 
regulations for the instruction and management 
of training classes, to prescribe the course of 
study for such classes, and to determine the con- 
ditions upon which pupils will be admitted to 
such classes. 

No person can receive a certificate who is 
under the age of eighteen years, and as pupils 
are required to be under instruction in a train- 
ing class one year, candidates for membership in 
such classes must be at least seventeen years of 



312 NEW YORK SCHOOL LAW 

age. (All other regulations may be obtained 
upon application to the State Superintendent.) 

CITY TRAINING SCHOOLS 
[See Chapter 103 i, Laws of 1895] 

Under the provisions of this act any city in the 
State, or any village in the State, employing a 
Superintendent of schools, may establish and 
maintain schools or classes for the professional 
training and instruction of teachers for not less 
than thirty-eight weeks in each school year. 

The terms of this law also provide that no per- 
son is eligible to membership in one of these 
training schools or classes who has not been 
graduated from a high school or academy having 
a three years' course of instruction approved by 
the State Superintendent of Public Instruction, 
or from some other institution of equal or higher 
rank. The course of study of such training 
schools or classes must also be approved by the 
State Superintendent. 

The State Superintendent is also authorized 
by the law to apportion to the school authorities 
of each city maintaining a training school or 
class under the provisions of this law a compen- 
sation of one dollar for each week of instruction 
of each pupil. The State Superintendent may 



STATE SCHOLARSHIPS 313 

set apart each year frora the free school fund for 
this purpose a sum not to exceed one hundred 
thousand dollars.* If the aggregate amount to 
be apportioned in any one year exceeds this sunl, 
the Superintendent is authorized to apportion to 
each class its pro rata of such amount. 

Inspectors. — The State Superintendent has 
the power to appoint as many training class in- 
spectors as he deems necessary and to fix their 
compensation. The present inspection force 
in the training class bureau consists of a super- 
visor of training classes, who has general super- 
vision of the work, and four inspectors. 

STATE SCHOLARSHIPS IN CORNELL UNIVERSITY 

Origin. — In 1862 Congress passed the National 
Land Grant Act, under the terms of which each 
State received thirty thousand acres of public 
land owned by the United States, for each rep- 
resentative that she had in Congress. This land 
was donated by the national government to the 
States and Territories of the Union for the pur- 
pose of establishing colleges for the benefit of 
agriculture and the mechanic arts. New York 
State received by this Act nine hundred ninety 
thousand acres of land. The State legislature 
of 1863 enacted a law providing that the revenue 

* This is superseded by chapter 644, Laws of igoi, which 
appropriated $25,000 for training schools. 



314 NEW YORK SCHOOL LAW 

derived from the sale of this land should be 
given, under certain conditions, to the authorities 
of the People's College at Havana. The authori- 
ties of this college failed to meet the conditions 
prescribed by the Act of 1863, and the legisla- 
ture of 1865 provided that the revenue derived 
from the sale of this land should be given to the 
authorities of Cornell University. This Act of 
1865 provided, among other conditions, that Ezra 
Cornell should contribute unreservedly $500,000 
to the^ authorities of Cornell University, and that 
the University should receive annually one State 
scholar free of tuition for each assembly district 
in the State. As Mr. Cornell contributed the 
amount specified, the revenue derived from the 
sale of this land was donated to the University. 
The amount realized by the State from the sale 
of this land is $688,576.12. The legislature of 
1895 enacted a law providing that this money 
should be placed under the control of the State, 
and that the State should pay annually to the 
trustees of Cornell University five per cent upon 
this fund. The University, therefore, receives 
annually $34,428.80. The State scholars in the 
University who receive free tuition include 
about one-third of the entire number of students 
attending the University, and the University 



STATE SCHOLARSHIPS 315 

receives from the State only $34,428.80, while the 
entire cost of maintaining the University is 
about one-half million dollars annually. 

Number of Scholarships. — The act creating 
State scholarships provided that State scholar- 
ships should be awarded annually for each 
assembly district in the State. At this time 
there are 150 assembly districts, and this is the 
basis on which appointments are now made. 
Each scholarship is valid for four years, and as 
1 5a appointments are made each year, the State 
has 600 State scholars in Cornell University at 
all times. 

How Awarded. — Appointments to State 
scholarships are made by the State Superintend- 
ent of Public Instruction, upon the result of com- 
petitive examinations held for that purpose. 
Albany county has four assembly districts and is 
entitled to four State scholarships. The names 
of candidates who take the examination for this 
county are arranged in the order of their merit, 
which is determined by their standing in the 
examination. The first four on the list are 
assigned to the scholarships for Albany county, 
irrespective of the assembly districts in which 
they reside. The same course is pursued in 
assigning appointments to all other counties. 



3l6 NEW YORK SCHOOL LAW 

No person can be considered in awarding these 
scholarships who did not attend the required 
competitive examination. 

Competitive Examinations. — These examina- 
tions are held on the first Saturday in June of 
each year at the county seat of each county in 
the State. The school commissioner and the city 
superintendents jointly conduct the examination 
for their respective counties. These examina- 
tions are under the supervision of the State 
Superintendent of Public Instruction, and the 
questions used in such examinations are prepared 
under his direction. The subjects in which can- 
didates are examined are designated by the presi- 
dent of Cornell University. These may change 
from year to year, but the general scope of the 
examination for each year may be obtained by 
writing the State Department for the annual cir- 
cular issued from that office. 

Eligibility. — To be eligible to enter a com- 
petitive examination candidates must be at least 
sixteen years of age, must be residents of the 
State, and must have been in attendance upon 
some public school or academy of the State for 
at least six months during the year immedi- 
ately preceding the date on which such competi- 
tive examination is held. Attendance upon an 



STATE SCHOLARSHIPS 317 

institution registered as an academy under the 
regulations of the University of the State of 
New York meets the requirements of the law. 
Candidates must attend examinations in the 
county in which they actually reside. Students 
of either sex are eligible to these scholarships. 

Entrance Examinations. — All candidates who 
receive appointments but who do not hold cre- 
dentials to admit them to the University, are re- 
quired to take the regular entrance examinations 
at the University. A failure to take this exami- 
nation or to obtain a standing therein satisfactory 
to the University authorities forfeits all right to 
the scholarship. 

Vacancies. — If a vacancy occurs in a State 
scholarship, it is the duty of the president of the 
University to notify the State Superintendent of 
Public Instruction of such vacancy. The State 
Superintendent should then assign to such va- 
cant scholarship the person standing high- 
est on the eligible list of candidates for the 
county to which such scholarship belongs. If 
there should be no person on the eligible list for 
such county, then the State Superintendent 
should appoint the person standing highest on 
the eligible list which is made up from all the 
counties of the State. The person receiving such 



3l8 NEW YORK SCHOOL LAW 

appointment is entitled to the privileges of such 
scholarship for the remaining period of the four 
years for which it was granted. 

Scholarship Privileges. — The holder of a State 
scholarship is entitled to free instruction in any 
department of the University for a period of 
four years. 

Leave of Absence. — If a State scholar shows 
to the satisfaction of the president of the Univer- 
sity that it is necessary for him to leave the Uni- 
versity to earn funds with which to meet his 
living expenses while attending the University, 
the president may, in his discretion, grant such 
leave of absence, and such State scholar will 
then be allowed six years from the date of en- 
trance in the University in which to complete 
the course. 

REVIEW QUESTIONS 

When was the first teachers' institute in this State held? 
Where ? Give a brief history of its origin and success. In 
what year was State aid given institutes ? By whom are in- 
stitutes appointed ? How is the time and place of institutes 
determined upon? How often are they held? By whom 
are the conductors chosen ? By whom are the regulations 
of institutes prescribed ? What is the duty of the State 
Superintendent in relation to visiting institutes ? To whom 
should a commissioner send notice of the time of holding 
an institute? What is a commissioner's duty, in general, 
in relation to institutes ? How are expenses of an insti- 
tute met? What is the law in relation to holding institutes 
in public school buildings? 

What schools must be closed during the session of an 



REVIEW QUESTIONS 319 

institute ? What is the law in relation to closing schools 
in cities? In union free-school districts having a popula- 
tion of 5,000 or more and employing a superintendent? 
What IS the penalty in the case of a trustee who refuses to 
close school during the session of an institute? Name 
three classes who are required to attend institutes ? Give 
an illustration of the third class named. What is the 
penalty in the case of a teacher, required by law to attend 
an institute, who wilfully refuses to do so ? For what 
reasons may a teacher be excused from attending an insti- 
tute ? What IS the law in relation to the payment of 
teachers for the time spent at an institution? What is 
the law, in this respect, in relation to board ? In relation 
to a teacher under contract although not teaching ? What 
allowance is made a district for the time school is closed 
during an institute? How many summer institutes may 
the State Superintendent appoint ? Who may attend them ? 
For what period are they in session ? 

Tir^^^^ ^^ ^^^ object in organizing training classes? 
v\ hen was the first act creating them passed? Who had 
supervision of them? What change was made in 1889? In 
what institutions may they be organized ? By whom are 
these institutions designated ? Explain how these appoint- 
ments are made? What restrictions are placed on the 
number of pupils which may be in a class ? What period 
of instruction is required ? What period for each day ? 
Are members of these classes charged tuition ? What ex- 
ception is there to this rule? What compensation is 
allowed an institution for maintaining one of these classes? 
How is this money obtained ? For what may it be used ? 
What appropriations are made for this work ? What are 
the general duties of school commissioners in relation to 
these classes? Explain fully the value of a training class 
certificate. By whom are regulations governing training 
classes prescribed ? What is the minimum age limit tor 
admission to these classes? Explain the provsions of 
chapter 1031 of the Laws of 1895 relating to training classes 
in cities and villages employing a superintendent. 

Explain fully the origin of State scholarships in Cornell 
University. How many scholarships are awarded each 
year? By whom are appointments to these scholarships 
made ? Explain fully how they are made. Explain fully 
how the competitive examinations are conducted. Who 
are eligible to enter these examinations ? Where must 
candidates attend examinations? What is the ruling in 



320 NEW YORK SCHOOL LAW 

relation to State scholars taking entrance examinations at 
the University? Explain how vacancies are filled in the 
University. What privileges does a scholarship confer? 
By whom may a leave of absence be granted to a State 
scholar ? For what purpose ? 



CHAPTER XXV 

teachers' qualifications, certificates, 
contracts, powers and duties 

Who are Legally Qualified to Teach. — No 

person is legally qualified to teach in a public 
school in any commissioner district who does not 
hold either a State certificate, a college graduate's 
certificate, a normal school diploma, a temporary 
license, or a commissioner's uniform certificate. 
To be legally qualified to teach in a city, a per- 
son must hold one of the first three certificates 
above named or a certificate issued by the school 
authorities of the city in which such person de- 
sires to contract. (Sec. 38, Art. 5, Title 7.) 

Age of Teachers. — No person can legally be 
licensed to teach in a public school of this State 
who is not at least eighteen years of age. (Sec. 
38, Art. 5, Title 7.) 

State Certificates. — These certificates have 
been issued by the State Superintendent of Pub- 
lic Instruction since 1875, upon examination 
only. Their holders are legally qualified to 
teach for life in the public schools of the State 
without further examination. Previous to 1875, 



322 NEW YORK SCHOOL LAW 

tlaese certificates were issued by the State 
Superintendent upon recommendation. No 
examinations were required. Such certificates 
confer the same rights upon those holding them 
as State certificates issued since 1875. Candi- 
dates must pass the required examinations and 
must have taught successfully for two years, to 
be eligible to receive one of these certificates. 
(Sec. ID, Title i.) 

College Graduates' Certificates. — These cer- 
tificates are issued by the State Superintendent 
of Public Instruction. The holder of one of 
these certificates is legally qualified to contract 
to teach any public school in the State. To be 
eligible to apply for a certificate of this kind a 
candidate must be a graduate of some approved 
college, must have taught successfully in the 
public schools of New York State at least three 
years subsequent to graduation, and must have 
shown mature scholarship upon examination. 

Professional Certificates. — These certificates 
are issued to college graduates who complete an 
approved pedagogical course in a college or uni- 
versity. They are valid for three years and are 
renewable. 

Normal School Diplomas. — These diplomas 
are issued by the normal school authorities to 
students who have completed one of the pre- 



teachers' qualifications 323 

scribed courses of these schools. Such diplomas 
legally qualify those who hold them to teach for 
life in the public schools of the State without 
further examination. 

Commissioners' Uniform Certificates. — These 
certificates are issued by school commissioners 
under such regulations as the State Superintend- 
ent of Public Instruction prescribes.* The cer- 
tificates issued at present are known as first, sec- 
ond, and third grades ; training-class certificates, 
and special certificates known as drawing, kin- 
dergarten, and vocal-music. (Subdivision 5, 
Sec. 13, Title 5.) 

First Grade. — These certificates are valid for 
ten years, and upon expiration they may be 
renewed, without examination, by any commis- 
sioner in the State for a like period, provided 
their holders have taught under them ^ve years. 
These certificates are valid in the school-com- 
missioner district for which they are issued, and 
upon indorsement by the commissioners having 
jurisdiction, they become valid in any commis- 
sioner district in the State. Candidates must 
have had two years' experience, to be eligible to 
receive one of these certificates. 



* The regulations under which these certificates are issued 
may be obtained at any time from the State Department of 
Public Instruction. 



324 NEW YORK SCHOOL LAW 

Second Grade. — These certificates are valid 
for three years and cannot be renewed. They 
are valid in the school-commissioner district for 
which they are issued, but are indorsed by other 
commissioners in the same manner as first grade 
certificates. Ten weeks' experience is required 
of a candidate to be eligible to receive one of 
these certificates. 

Third Grade. — These certificates are valid 
for one year, and but one certificate can be issued 
to the same person. A certificate of this grade 
restricts its holder to a specific school district and 
a district which is approved by the school com- 
missioner. No experience is required to be 
eligible to receive a. certificate of this grade. A 
certificate of this grade cannot be issued until 
the person entitled to recei v^e it has agreed upon 
terms of contract with some trustee or trustees. 
The State Superintendent of Public Instruction 
has ruled that under the provisions of the school 
law prohibiting trustees from contracting with 
any teacher for a longer period than that for 
which such teacher is licensed, any person will 
be regarded as qualified to contract who pre- 
sents a statement from the school-commissioner 
having jurisdiction showing that such person is 
entitled to a third-grade certificate, and stating 



TEACHERS' QUALIFICATIONS 325 

that such certificate will be issued when a con- 
tract has been made with the trustees of some 
district to be designated in such statement of the 
school commissioner. 

Training Class. — These certificates are issued 
to those who complete one year's work in a train- 
ing class under the supervision of the State De- 
partment of Public Instruction. (See page 309.) 

Training School Certificates. — These certifi- 
cates are issued for three years by city superin- 
tendents to those who complete a course in a 
training school. They are renewable for five 
years without examination, and school commis- 
sioners are required to indorse them. (See 
pages 347, 348.) 

Drawing Certificates. — These certificates are 
issued to special teachers of drawing. They en- 
title those holding them to teach drawing only. 
A person who holds a drawing certificate and a 
general certificate of any grade may teach draw- 
ing and do general teaching also. Drawing cer- 
tificates are valid for three years, and may be 
renewed without examination in the same man- 
ner as first-grade certificates arc renewed. 

Kindergarten Certificates. — The holders of 
these certificates are entitled to teach kindergarten 
only. The holder of a kindergarten certificate, 
however, who also holds another certificate per- 



326 NEW YORK SCHOOL LAW 

mitting general teaching, is not debarred from 
teaching tinder such other certificate. These 
certificates are valid for three years, and may be 
renewed under the same provisions as those 
which govern the renewal of first-grade certifi- 
cates. 

Vocal-Music Certificates. — These certificates 
are issued without examination, are valid for 
three years, and may be renewed. A candidate 
to receive a certificate of this kind must show to 
the satisfaction of the State Superintendent that 
he or she has received sufficient professional 
training in vocal music and has had sufficient ex- 
perience in teaching the subject, to be well qual- 
ified to receive such certificate. 

General Certificates. — A State certificate, 
a college-graduate certificate, a normal-school 
diploma, a training school certificate, a profes- 
sional certificate, a training-class certificate, a 
first-grade certificate, a second-grade certificate, 
and a third-grade certificate may be regarded as 
general certificates to distinguish them from 
special certificates. These general certificates 
state that their holders are properly qualified 
and are entitled to teach in the public schools. 
Such certificates do not restrict their holders to 
the teaching of any particular subject. A special , 



TEACHERS' QUALIFICATIONS 327 

certificate does so restrict, as, for instance, a 
drawing certificate entitles its holder to teach 
drawing only. The holder of any one of these 
general certificates may, therefore, teach any 
special subject, as drawing or kindergarten, with- 
out holding a special certificate. 

Temporary Licenses. —The State Superin- 
tendent may, in his discretion, issue a tem- 
porary license, valid in any school district or 
any school-commissioner district, for a period 
not to exceed six months, whenever in his judg- 
ment it is necessary or expedient to do so. (Sec. 
10, Title I.) 

Commissioners' Refusal to Issue Certificates. — 
A school commissioner may refuse to issue a cer- 
tificate to a person who has passed the required 
examination, if a valid reason is assigned for such 
refusal. In cases of this kind, the aggrieved 
party may appeal from the action of the commis- 
sioner in refusing to issue his or her certificate, 
to the State Superintendent. If in the judgment 
of the State Superintendent the reasons given by 
the commissioner are valid, the commissioner 
will be sustained in his refusal to issue such cer> 
tificate, but if the State Superintendent does not 
consider the commissioner's reasons valid, he 
will direct such commissioner to issue the certifi- 



328 NEW YORK SCHOOL LAW 

cate. Immoral character or lack of ability to 
govern or manage a school has been held to be a 
valid reason for withholding a certificate. 

Indorsement of Certificates by the State Super- 
intendent. — The State Superintendent of Public 
Instruction may in his discretion indorse State 
certificates issued in other States, or normal- 
school diplomas issued by the authorities of 
normal schools of other States. When such 
certificates are indorsed by the State Superin- 
tendent, they have all the force and efi:ect of 
State certificates and normal-school diplomas 
issued by the proper authorities of this State. 

Indorsement of Certificates by School Commis- 
sioners. — School Commissioners are required 
under the regulations prescribed by the State 
Superintendent of Public Instruction to indorse 
first grade, second grade, and training-class cer- 
tificates; and drawing, kindergarten, and vocal- 
music certificates issued under the uniform sys- 
tem of examinations, or to assign valid reasons 
for refusing to do so. When such certificates 
are indorsed by another commissioner, they have 
the same value in the district of the commis- 
sioner who indorsed them as in the commissioner 
district for which they were originally issued. 
Commissioners may act their pleasure about in- 



teachers' qualifications 329 

dorsing third-grade certificates. They are not 
required to indorse them. When certificates of 
this grade are indorsed, the indorsement should 
show the specific school district for which they 
are made valid. 

The State Superintendent of Public Instruc- 
tion has ruled that the holders of certificates 
which school commissioners are required under 
his regulations to indorse are legally qualified 
to contract to teach in any school-commissioner 
district in the State. They may legally con- 
tract in such districts before their certificates 
have been indorsed by the commissioner having 
jurisdiction. After making a contract in a com- 
missioner district other than the one for which 
a certificate is valid, the holder of such certifi- 
cate should present it for indorsement to the 
commissioner having jurisdiction over the dis- 
trict for which such contract was made. If a 
school commissioner refuses to indorse such cer- 
tificate, its holder may appeal from the action of 
the commissioner to the State Superintendent 
of Public Instruction, who will determine upon 
the validity of the reasons assigned by the com- 
missioner in refusing his indorsement. (No. 
4888.) 

Payment of Unqualified Teachers. — No part 



330 NEW YORK SCHOOL LAW 

of the school moneys apportioned to a school 
district can be applied to the payment of the 
wages of an unqualified teacher. Nor can the 
wages of an unqualified teacher be collected by a 
tax upon the district. Any trustee who applies 
such money or who directs or consents to the 
use of such money contrary to these provisions, 
is guilty of a misdemeanor. Any fine imposed 
therefor must be for the benefit of the common 
schools of the district. (Sections 39 & 45, Art. 
5, Title 7.) 

Any trustee or trustees who employ unquali- 
fied teachers are personally responsible to such 
teachers for their salary. (Sec. 9, Title 7.) 

A trustee or trustees who wilfully employ a 
teacher not legally qualified may also be re- 
moved from office by the State Superintendent 
of Public Instruction. (Sec. 15, Title i.) 

Revocation of Certificates. — There are two 
authorities by either of whom teachers' certifi- 
cates may be revoked, namely, the State Super- 
intendent of Public Instruction and^ a school 
commissioner. The State Superintendent of 
Public Instruction may revoke a certificate of 
any grade by whomsoever issued, for all reasons 
on which such action may be legally taken. 
Since the enactment of the consolidated school 



TEACHERS QUALIFICATIONS 33 1 

law of 1894, school commissioners have had 
authority to revoke certificates on the ground of 
immoral conduct only. On this ground a com- 
missioner may revoke a State certificate, a 
normal-school diploma, a college-graduates' cer- 
tificate, or a certificate issued by any school 
commissioner in the State. (Sec. 11, Title i, 
and subdivision 6 of Sec. 13, Title 5.) 

Whenever charges have been preferred to a 
commissioner against the moral character of a 
teacher, it is the duty of the commissioner to 
furnish such teacher a copy of these charges and 
to also notify the teacher of a time and place at 
which a hearing will be given thereon. At this 
hearing the evidence in support of such charges 
must be presented, after which the accused is 
entitled to present evidence to disapprove such 
charges. . The accused is also entitled to be repre- 
sented by counsel. When a certificate issued by 
the State Superintendent or a normal-school 
diploma is Revoked by a commissioner on these 
grounds, the commissioner should immediately 
file with the State Superintendent a notice of such 
action. 

A school commissioner cannot revoke a certifi- 
cate for deficiency in scholarship or for inability 
to manage or govern a school. These are ques- 



332 NEW YORK SCHOOL LAW 

tions which the commissioner should have deter- 
mined before issuing a certificate. The issuance 
of the certificate presupposes that proper investi- 
gation has been made in regard to the candidate's 
qualifications, and that such qualifications have 
been found to be satisfactory to the commissioner. 
The only authority to revoke a certificate on 
this ground is the State Superintendent of Public 
Instruction. 

There are two ways of disposing of an inefii- 
cient teacher. One way is to establish such 
inefficiency to the satisfaction of the State Super- 
intendent, upon direct appeal for that purpose in 
due form. The State Superintendent will then 
revoke the certificate of such teacher. The sec- 
ond method is for the board of trustees to dis- 
miss the teacher. Then, if the teacher appeals 
from the action of the board, the State Superin- 
tendent becomes the judge of the validity of the 
grounds upon which the board based its action. 
The charge of inefficiency must in this case, also, 
be proved to the satisfaction of the State Super- 
intendent. If proved, he will sustain the action 
of the board, 

A certificate should not be revoked for immoral 
conduct which occurred previous to "the issuance 
of the certificate if such conduct was known to 



TEACHERS QUALIFICATIONS 333 

the official who issued the certificate at the time 
he issued it. 

Charges of immoral conduct against a teacher 
must be definite and specific so that the accused 
will know with just what acts he is charged. 
A commissioner has no power to place the holder 
of a certificate upon trial on general charges of 
immoral conduct. 

The consolidated school law provides that cer- 
tificates may be revoked for the following specific 
causes : 

1. Failure to attend teachers' institute as re- 
quired by law. (Sec. 6, Title lo.) 

2. Failure to complete an agreement to teach 
a term of school without assigning a valid 
reason. (Sec. ii, Art. 6, Title 7.) 

3. Immoral conduct. (Sub. 6, Sec. 13, Title 5.) 
In cases which have come before State Super- 
intendents of Public Instruction upon appeals it 
has been held that certificates may be revoked 
for a teacher inflicting upon a pupil unreason- 
able, unnecessary, and cruel punishment, and 
also for intemperance upon the part of the 
teacher. 

Superintendent Draper held that the severe 
penalty of revoking a certificate should not be 
imposed except for a cause sufficiently grave to 



334 NEW YORK SCHOOL LAW 

justify a permanent prohibition of the right to 
teach. (No. 3572.) 

In an appeal case recently decided by Superin- 
tendent Skinner the broad and reasonable princi- 
ple was maintained that the general conduct of 
a teacher should be such as to inspire the fullest 
confidence of parents, and that when the acts 
and general conduct of a teacher were such as to 
produce the opposite result, such teacher was 
unfit to be permitted to remain in the teaching 
service. (No. 4644.) 

The revocation of a certificate terminates any 
existing contract between the holder of such cer- 
tificate and a trustee or trustees. 

Who May Contract. — Any person can enter 
into contract to teach a public school who holds 
a legal certificate of qualification. 

Contracts With Minors. — A minor may con- 
tract with a board of trustees to teach a public 
school. A minor making such contract must 
complete the term of contract, and for a failure 
to do this without a valid reason, such minor's 
certificates may be revoked. Under the general 
law of contracts, a minor would not be responsi- 
ble to a board of trustees for any damage claimed 
by reason of such minor's failing to "comply with 
the terms of their contract. 



teachers' qualifications 335 

Contracts With Married Women. —Section 
21 of the domestic relations law gives married 
women the right to make contracts and to re- 
ceive compensation thereon. 

By Whom Employed. — Teachers must be 
employed by the trustees of the districts or by 
the board of education. A school district meet- 
ing cannot direct what teachers shall be em- 
ployed. This is a power to be exercised solely 
by the trustees or by a board of education. 

Employment of Relatives. — No person related 
to one or more of the trustees of a common- 
school district by blood or marriage can be em- 
ployed by such trustees unless such action is 
approved by two-thirds of the voters of such dis- 
trict present and voting at an annual or a special 
meeting of the district. 

In a Union free school district no person can 
be employed by a board of education, who is re- 
lated by blood or marriage to any member of 
the board, except by a two-thirds vote of such 
board, and such vote should be entered upon 
the proceedings of the board. 

When a teacher, who is a relative of a trustee 
of a common-school district or of a member of a 
board of education, has been employed under 
the approval of such district or such board as 



336 NEW YORK SCHOOL LAW 

Stated above, and the same trustees or board of 
education desire to employ sucli teacher for the 
next ensuing year, it is not necessary to obtain a 
second approval of such district or board. (D. 
4588.) 

Period of Employment. — A trustee or trustees 
cannot employ a teacher for a shorter period than 
ten weeks, except to fill out an unexpired term. 
Nor can a trustee or trustees contract with a 
teacher for a longer period of time than that for 
which such teacher's certificate of qualification 
is valid. All contracts must be for a specific 
time. A trustee cannot legally employ a teacher 
for '* as long as her work is satisfactory." 

The trustee or trustees of a district may con- 
tract for the employment of a teacher for a 
period of one year extending beyond the then 
current school year. This power of contracting 
for the ensuing year is possessed by a sole trus- 
tee as well as by a board of three trustees. 

A teacher employed contrary to these provi- 
sions has no claim against the district for salary, 
but she may enforce the contract against those 
making such contract as individuals. 

Form of Contract. — Trustees are required to 
make and deliver to each teacher employed a 
written contract. This contract must be signed 



teachers' qualifications 332 

by the trustee or trustees or some person 
authorized by said trustee or trustees to repre- 
sent them. 

This contract should show the agreement be- 
tween the trustees and teacher in relation to the 
period of employment, the amount of compensa- 
tion, and when the same shall be payable. It is 
also advisable to state in the contract whether 
the teacher is to be employed in a primary or 
grammar department, or to perform work along 
special lines, or to act as the principal. 

A verbal contract the terms of which can be 
proved is binding and can be enforced. It is 
advisable, however, for trustees to issue written 
contracts and for teachers to insist on receiving 
them. 

In a district having more than one trustee, the 
contract must be made by a majority of such 
trustees and at a meeting regularly held. The 
contract is not legal if the consent of the trustees 
is obtained separately and not at a meeting prop- 
erly convened. A contract made by one trustee 
when duly authorized to act as the agent of the 
other trustees of the district is bindinof. 

When Compensation is Due. — Teachers can 
require trustees to pay them as often at least as 
at the end of each calendar month of the term 



\ 

338 NEW YORK SCHOOL LAW 

of employment. A contract cannot legally be 
made providing that a teacher shall not be paid 
until the end of the term. A contract pro- 
viding that a teacher shall not be paid as 
often as at the end of each calendar month is 
not binding, and such teacher can insist upon 
payments being made at the end of each calen- 
dar month. There is no legal objection to a 
contract which provides that a teacher shall be 
paid oftener than at the end of each month. 

(At the close of this chapter the form of con- 
tract pre{)ared by the State Superintendent of 
Public Instruction is given. Any other good 
form may be used.) 

Orders on Supervisors and District Collector 
or Treasurer. — The law provides that trustees 
may issue orders on the supervisor of the town 
and on the collector or treasurer of the district 
in payment of teachers' salaries. The law also 
makes it a misdemeanor for a trustee to issue an 
order on any of these officers unless there are 
sufficient funds in the hands of such officer to 
pay the same. Teachers are therefore required 
under the law to accept such orders properly 
issued in payment of their salaries. A teacher 
is not, however, required to accept a check from 
a supervisor, collector, or treasurer. These 



teachers' qualifications 339 

ofi5cers are required to honor such orders by- 
paying the money thereon. 

Payment When School is Closed. — Whenever 
school is closed by proper authorities during a 
term for which a teacher has been engaged and 
the teacher is thereby restrained or prevented 
from teaching, such teacher is entitled to full 
compensation for the time school is thus closed. 
Cases of this kind arise when a school is closed 
by the school authorities or the health authori- 
ties, owing to the prevalence of a contagious dis- 
ease, or when the school-house has been de- 
stroyed by fire or otherwise. Trustees of rural 
schools often direct that schools shall be closed 
for a day for funerals and other occasions, and 
in all such cases the teachers employed in such 
schools are entitled to full compensation for such 
time. When a trustee refuses to pay a teacher 
for such time, the remedy for the teacher is to 
appeal in proper form to the State Superintend- 
ent of Public Instruction. 

Dismissal of Teachers. — A teacher cannot be 
dismissed during a term of employment except 
for reasons which the State Superintendent 
would consider sufficient if brought before him 
upon appeal. Breach of contract, neglect of 



340 NEW YORK SCHOOL LAW 

duty, immoral conduct have each been held to 
be sufficient reasons. 

Whenever a teacher is dismissed by a board of 
trustees without sufficient cause, he should hold 
himself in readiness to complete his contract and 
should make all reasonable efforts to do so. 
Under these circumstances a teacher would be 
entitled to full compensation for that portion of 
the term for which he was employed, but during 
which he did not teach owing to his being dis- 
missed. If a teacher acquiesces in the action of 
a board of trustees in dismissing him, he is not 
entitled to compensation for the portion of the 
term which he failed to teach on account of 
such dismissal. 

A board of trustees may dismiss a teacher with- 
out cause upon paying such teacher full compen- 
sation for the whole period for which such 
teacher was employed. 

The teachers' remedy in these cases is to be 
found either in the courts or in an appeal to the 
State Superintendent. The latter is preferable. 
The appeal may be for a reinstatement in the 
position from which the teacher was dismissed 
or for the payment of salary for the time the 
teacher was deprived from teaching. 

Record of Attendance. — It is the duty of 



TEACHERS QUALIFICATIONS 34I 

teachers to keep a record of attendance of all 
pupils in the school register provided for that 
purpose. This record must be kept as required 
under the directions given in the register which 
is prepared under the supervision of the State 
Superintendent. It is important that these 
records shall be kept accurately, as they form 
the basis for apportioning part of the State 
school moneys and are also important in connec- 
tion with the enforcement of the compulsory- 
attendance law. 

Teachers are responsible for the safe keeping 
of these records and should deliver them upon 
the close of their term of engagement to the 
clerk of the district. 

Verification of Records. — Teachers are re- 
quired to make affidavit to the correctness of the 
register kept by them. This affidavit may be 
taken by the district clerk and without charge. 
A teacher is not entitled to receive pay for any 
time taught until affidavit is made to the correct- 
ness of the register for the period for which pay- 
ment is made. 

Rules and Regulations for Teachers.— A board 
of tru'stees may prescribe general rules for the 
management of the school. When such rules 
have been adopted, it is the duty of teachers to 



342 NEW YORK SCHOOL LAW 

enforce them, and so far as they affect the teach- 
ers themselves to comply with them. The mem- 
bers of a board of trustees have no authority to 
enter the school-room to direct any of the work 
in progress or to direct the method of enforcing 
the rules of the board. This power rests solely 
with the teacher. 

School Hours. — The school law does not define 
the hours that shall be devoted to school work. 
Custom has fixed the hours from 9 A. M. to 12 
M. and from i P. M. to 4 p. m. An intermis- 
sion of ten or fifteen minutes is given each half- 
day session. The board of trustees of a district 
may, however, designate other hours during 
which the school shall be in session. If these 
hours are reasonable, it is the duty of teachers 
to conduct school during the hours designated. 
If unreasonable hours are designated by a board, 
the State Superintendent of Public Instruction 
may, upon appeal in due form, modify the hours 
fixed by such board. 

Closing School — A teacher has no authority 
to close school on any school day without the 
consent of the board of trustees. A teacher who 
does close school on a school day without such 
consent is guilty of a breach of contract, and may 
be dismissed by the board. The consent of trus- 



teachers' qualifications 343 

tees is not necessary in order to close school on 
a legal holiday or a general election day, or for 
the purpose of attending a teachers' institute, 
as required by law. 

Janitor Work. — Neither teacher nor pupil 
can be compelled to do the janitor work of the 
school building. If the contract between the 
teacher and the trustees provides that the teacher 
shall perform this work, then it becomes the duty 
of the teacher to do it upon the ground that she 
has consented to do so by special agreement in 
her contract. A teacher who voluntarily does 
this work is not entitled to compensation for 
performing it. 

Enforcement of Payments. — A teacher may 
bring an action in court for vSalary due him which 
has not been paid. He may also apply to the 
court having jurisdiction for a writ of mandamus 
compelling the trustees to pay the salary to 
which he is entitled. These methods are ex- 
pensive and require more time than teachers can 
generally give for the adjustment of such cases. 
The most inexpensive way and the method by 
which adjustment can be reached in the shortest 
period of time is to appeal in due form to the 
State Superintendent of Public Instruction, who 



344 NEW YORK SCHOOL LAW 

has power to direct such payments and to enforce 
his decision. 

Wearing Religious Garb. — There is no stat- 
ute law in this state regulating the dress which 
shall be worn by teachers. The general influ- 
ence upon the school system of teachers wear- 
ing a religious garb has been brought by appeal 
before the State Department in two cases. In 
March, 1887, on an appeal from the action of the 
board of education of Suspension Bridge, Super- 
intendent Draper ruled as follows : 

" The wearing of an unusual garb, worn exclusively by 
members of one religious sect and for the purpose of indi- 
cating membership in that sect by the teachers in a public 
school, constituted a sectarian influence, which ought not 
to be persisted in. The same may be said of the pupils 
addressing the teachers as ' Sister Mary,' ' Sister Martha,' 
etc. The conclusion is irresistible that these things may 
constitute a much stronger sectarian or denominational in • 
fluence over the minds of children than the repetition of the 
Lord's Prayer or the reading of the scriptures at the open- 
ing of the schools, and yet these things have been pro- 
hibited whenever objection has been offered by the rulings 
of this Department from the earliest days, because of the 
purpose enshrined in the Hearts of the people and em- 
bedded in the fundamental law of the State, that the public 
school system shall be kept altogether free from matters 
not essential to its primary purpose and dangerous to its 
harmony and efficiency." (D. 3520.) 

In deciding an appeal from the action of the 
Board of Education of West Troy School Dis- 



TEACHERS QUALIFICATIONS 345 

trict (now Watervliet), involving the same point, 
Superintendent Skinner held as follows: 

I therefore concur in the opinion of my predecessor in 
office, viz., that the teachers in the pubhc schools of the 
State ought not to wear the distinctive garb of any religious 
denomination, order, sect, or society, but ought to dress 
in the usual costume worn by men and women generally ; 
and that any other costume or usage is inimical to the best 
educational interests of the locality and should be discon- 
tinued by direction of the local school authorities whose 
duty it is to so administer the trusts reposed in them as to 
bring about the very best results with the least irritation, 
and in harmony with the spirit of the section of the organic 
law herein quoted. 

The school best does this which avoids any reference 
d,rectly or indirectly to any particular denomination, sect, 
or order, both in the construction of the buildings used for 
school purposes and in the dress worn by the teachers 
employed therein. To those not satisfied with this com- 
plete and absolute severance of secular and religious in- 
struction, the private school is open. 

I also decide that it is the duty of the respondents to re- 
quire the teachers employed by them to discontinue the use 
in the Public School room of the distinguishing dress or 
garb of the religious order to which they belong. (D. 4516.) 

On May 15, 1897, Superintendent Skinner di- 
rected the Board of Education of Watervliet to 
notify and require all teachers employed in that 
city and wearing a religious garb to discontinue 
the use of such garb. The board was also 
directed, in case any such teacher should re- 
fuse or fail to comply with such requirement, 



346 NEW YORK SCHOOL LAW 

to dismiss such teachers from employment in the 
public schools of the city of Watervliet. An 
order was also issued by the State Superintend- 
ent prohibiting the County Treasurer from pay- 
ing the money apportioned to this city until di- 
rected to do so by the Superintendent. (D. 4546.) 

Retired Teachers Pensioned. — Any teacher 
who has taught continuously in a town for 
twenty-five years or more and is a resident thereof, 
may, upon a majority vote of the voters of such 
town- — such vote to be ascertained as provided 
by law — be retired from service and be paid 
thereafter while a resident of such town, one- 
half the amount of the salary paid such teacher 
for the last year devoted to teaching in such 
town. (Ch. j^-j, 1895.) 

When Teacher's Illness Prevents Teaching. — 
Whenever a teacher under contract is unable to 
teach by reason of illness, such teacher should 
report the fact of such illness to the trustee or 
trustees. These officers may, if they desire, 
employ a substitute teacher during the illness 
of the regular teacher. Such regular teacher 
has no voice in determining who the substitute 
teacher shall be. This is a question to be de- 
termined solely by the trustees. If the illness 
of a teacher is continued for a long period, and 



TEACHERS* QUALIFICATIONS 347 

there is not reasonable hope of sufficient recov- 
ery to enable such teacher to resume teaching, 
the trustees may inform such teacher that the 
contract has been declared void by her inability 
to perform her part of it. The trustees may 
then employ another teacher, and if the teacher 
dismissed feels aggrieved, she may appeal from 
the action of the trustees to the State Superin- 
tendent. 

Authority Over Pupil. — There is no provision 
in the consolidated school law defining the 
authority which a teacher has over the pupils 
under his charge. The decisions of the courts 
and the rulings of the State Superintendent of 
Public Instruction are, that the authority of the 
teacher over pupils is the same as that of a 
parent over a child, or as it is usually expressed 
that a teacher stands in loco parentis to his pupils. 
The authority of the teacher begins at the time 
the pupil arrives upon the school grounds, ex- 
tends to the close of school, and continues until 
the pupil has left the school grounds. Cases 
may be cited in which the courts have held that 
the authority of the teacher extends beyond 
these limits, and that the pupil is accountable 
to the teacher for his conduct on the way to and 
returning from school, and even elsewhere, 



348 NEW YORK SCHOOL LAW 

when such conduct has a direct bearing upon the 
discipline and general welfare of the school. 
These are not, however, recent decisions, and 
are not safe guides for teachers of the present 
time. A modern view of courts and of depart- 
ments having judicial powers is to restrict the 
authority of the teacher over the pupil to the 
time between the arrival of the pupil upon the 
school grounds and his departure therefrom. 
The superintendents of this State, from Super- 
intendent Gilmour to Superintendent Skinner, 
have taken this view. 

Superintendent Draper held that the authority 
of the teacher was not absolute during the noon 
recess, and that a pupil possesses a legal right to 
leave the school grounds during the noon recess 
with the consent of his parents. (D. 3698.) The 
right of a teacher to detain a pupil after school 
hours is questionable. Where a parent objects 
to such detention, a teacher should not insist 
upon it. 

The authority of the teacher, however, is 
restricted by the rules and regulations of a board 
of education or a board of trustees. Where a 
board of education or a board of trustees has 
prescribed regulations to govern the discipline 



TEACHERS QUALIFICATIONS 349 

of the school, it is the duty of teachers to keep 
within the bounds of such regulations. 

Employment of Teachers in Cities. — On 
January i, 1897, the provisions of chapter 103 1 of 
the Laws of 1895 went into operation. These 
provisions relate to primary and grammar school 
teachers, but do not apply to teachers of any 
other grade. Teachers who were employed 
under a valid contract at the time this law went 
into operation may be continued in the service, 
even if they do not possess the qualifications 
prescribed by this law. But all teachers who 
have been employed since January i, 1897, or 
who shall hereafter be employed in any primary 
or grammar school in any city in this State 
authorized to employ a superintendent of schools 
must possess one of the three following qualifi- 
cations : 

First. — Such teacher must hold a diploma 
issued by one of the normal schools of this State 
or a life State certificate issued by the State 
Superintendent of Public Instruction. 

Second. — Such teacher must have had at least 
three years' experience in teaching and must 
possess a certificate issued by the proper local 
authorities. 

Third. — Such teacher must have graduated 



350 NEW YORK SCHOOL LAW 

from a high school or academy, or some other 
institution of equal or higher rank, having a 
course of study of at least three years, which is 
approved by the State Superintendent of Public 
Instruction. Such teacher must also have com- 
pleted subsequent to such graduation a course of 
not less than thirty-eight weeks in a school or 
class for the professional training of teachers, 
and must hold a certificate issued by the proper 
local authorities. Such professional course must 
also be approved by the State Superintendent 
of Public Instruction. 

Suspension of Pupils. — There is no provision 
of law defining definitely the right to suspend 
a pupil from attendance upon school. This sub- 
ject has been a question for the judicial consid- 
eration of State superintendents and of the 
courts. The present compulsory education act 
has so modified this question as to change 
materially former rulings relating thereto. We 
shall not therefore discuss these former rulings, 
but, shall consider the question in its present 
aspect. 

The trustee or trustees of a district is the 
proper authority to suspend pupils. A teacher 
does not possess this authority. A teacher may, 
for proper reasons, dismiss a pupil for the day, 



teachers' qualifications 351 

but not for a longer period. When a pupil is 
dismissed for a day, the teacher should at the 
close of school on such day report the facts in 
the case to the trustees. A board of trustees 
has the power to prescribe regulations for the 
government of the schools under their manage- 
ment, and such board may therefore prescribe 
regulations governing the suspension of pupils. 
If in such rules a board designates specific 
offenses for which a pupil may be suspended, 
and such rules also provide that for such offenses 
a teacher may suspend a pupil, the teacher has 
the power to enforce such rules and suspend the 
offender. State Superintendent Skinner holds 
that pupils between the ages of eight and six- 
teen years who are required to attend upon in- 
struction cannot be suspended from a public 
school for a longer period than ten days, unless 
the trustees provide a place at which such pupil 
may receive instruction equivalent to that re- 
quired under the compulsory education act. 

Public opinion supports the theory that schools 
are established for the purpose of educating 
children, and that for grave causes only will 
school authorities be warranted in denying them 
the privilege of attendance thereon. 

Expulsion of Pupils. — A board of trustees is 



352 NEW YORK SCHOOL LAW 

the proper authority to expel a pupil from at- 
tendance upon a public school. A teacher does 
not possess this authority. A pupil required to 
attend upon instruction under the compulsory 
attendance act cannot be expelled from a public 
school unless the school authorities provide a 
place where such pupil may attend upon such 
instruction. 

A pupil having a contagious disease is not in a 
proper physical condition to be required to at- 
tend upon instruction, and may, during the con- 
tinuance of such disease, be denied school priv- 
ileges. To permit such pupil to continue in 
attendance upon school would expose other 
pupils to the dangers of such disease. 

Incorrigible pupils and pupils whose moral 
senses are so depraved that their association with 
other pupils would contaminate such pupils may 
be expelled from public schools. If such pupils 
are between eight and sixteen years of age and 
are required to attend upon instruction under 
the compulsory attendance act, they should be 
proceeded against as disorderly persons. 

Corporal Punishment. — There is no direct 
statute enactment regulating the right of a 
teacher to inflict corporal punishment. Section 



TEACHERS' QUALIFICATIONS 353 

223, however, of the Penal Code provides that it 
shall not be unlawful for any parent, guardian, 
master, teacher, or the authorized agent of a 
parent, in the exercise of a lawful authority, to 
restrain or correct his child, ward, apprentice, or 
scholar, provided the force or violence used is 
reasonable in manner and moderate in degree. 

Under the general provisions of the Consoli- 
dated School Law, a board of trustees of a com- 
mon school district, or a board of education of a 
union free school district, possesses the authority 
to prescribe rules and regulations for the gov- 
ernment of a school. When a board of trustees 
or a board of education adopts a regulation pro- 
viding that corporal punishment shall not be 
inflicted, a teacher has no legal authority to re- 
sort to that mode of punishment. If a board of 
trustees or a board of education should adopt a 
regulation of this kind, and a teacher, in violation 
thereof, should inflict corporal punishment upon 
a pupil, such teacher would be committing an 
assault and subject to the penalties provided by 
the Penal Code. 

In the absence of a regulation of this kind hav- 
ing been adopted b)'- a board of trustees, a teacher 
may, under the protection of section 223 of the 



354 NEW YORK SCHOOL LAW 

Penal Code, inflict corporal punishment, provid^ 
ing such punishment is reasonable and moderate 
in degree. In inflicting this mode of punish- 
ment, a teacher should give full consideration to 
the gravity of the offense, the general effect of 
such offense upon the school, the temperament 
and the other physical conditions of the pupil. 
Cases of school discipline are rare in which 
teachers should finally resort to this extreme if 
not barbarous mode of punishment. 

FIRE DRILLS 
[See Chapter 201, Laws of 1901] 

Duty of Principal, etc. — Each principal or other 
person in charge of a public or private school or 
other educational institution, having more than 
100 pupils, is required to instruct and train such 
pupils by means of drills, so that in any sudden 
emergency these pupils may be able to leave the 
school building in the shortest possible time and 
without confusion or panic. These drills or dis- 
missals must be held as often as at least once 
each month. 

Penalty. — Any principal or other person fail- 
ing to perform the duty required in above para- 
graph is guilt}'- of a misdemeanor, punishable at 



teachers' qualifications 355 

the discretion of the court by a fine not exceed- 
ing $50. Such fine must be paid to the pension 
fund of the local fire department where there is 
such a fund. 

Duty of Board of Education. — The board of 
education of any city or district to which this act 
applies, or any other body having control of the 
schools to which this act applies, must have a 
copy of the act relating to fire drills printed in a 
manual or handbook prepared for the guidance 
of teachers. 

teacher's contract 

[SuBD. 10, Section 47, Title 7, Consolidated School Law] 

I , of counly of , 

a duly qualified teacher, hereby contract with the board of 

trustees of District No town of , counly of 

, to teach the public school of said district for the 

term of consecutive weeks, commencing , i , 

at a weekly compensation of dollars and cents, 

payable at the end of each thirty days during the term of such 
employment. 

And the board of trustees of said district hereby contract to 
employ said teacher for said period at the said rate of compen- 
sation, payable at the times herein stated. 

Said board of trustees reserve the right to provide for a vaca- 
tion or vacations of not more than .... weeks in the aggregate 
during said term. 

Dated , i ... 

, Teacker. 



Trustees. 



This contract should be executed in duplicate and one copy 
thereof given to the teacher and one retained by the board. 



356 NEW YORK SCHOOL LAW 

REVIEW QUESTIONS 

What certificate must a teacher hold to be qualified to 
teach in a school commissioner district ? In a city ? How 
old must a person be before being eligible to receive a 
teacher's certificate ? How are State certificates issued ? 
What rights do they confer? Explain the difference be- 
tween those issued previous to 1875 and those issued since 
that date ? What are college graduates' certificates ? What 
rights do they confer? Who are eligible to receive them ? 
What are normal school diplomas ? What rights do they 
confer ? What are commissioners' uniform certificates ? 
Name the certificates issued under the uniform system ? 

Who are eligible to receive first-grade certificates ? For 
what period are they valid ? For how long may they be 
renewed ? Who may receive second-grade certificates ? 
Explain their value. Explain the value of a third-grade 
certificate. How may a person entitled to receive a third- 
grade certificate legally contract to teach ? Who are eligi- 
ble to receive a training class certificate ? Explain their 
value. Explain the value of drawing certificates. When 
may a drawing teacher teach drawing and do general teach- 
ing also? Explain the value of kindergarten certificates. 
Vocal music certificates. When may a kindergarten 
teacher teach kindergarten and do general teaching also ? 
A music teacher teach vocal music and do other teaching 
also? By whom may temporary licenses be issued? For 
how long ? 

Are commissioners required to issue certificates to candi- 
dates who have passed the required examination ? What 
are valid reasons for refusing to do so ? What remedy has 
the aggrieved party? What certificates of qualification may 
the State Superintendent indorse ? What is the effect of 
such indorsement ? What certificates are school commis- 
sioners required to indorse? When may a commissioner 
withhold his indorsement? What is the efifect of such in- 
dorsement? What are the requirements in relation to the 
indorsement of third-grade certificates ? What is the ruling 
of the State Superintendent in relation to the right of a 
teacher to contract who holds a certificate subject to in- 
dorsement ? What is the remedy for a person holding 
such certificate when a commissioner refuses to indorse it? 
What moneys cannot be applied toward the payment of an 
unqualified teacher ? If a trustee appropriates these 
moneys for the payment of an unqualified teacher, what is 
the penalty ? Who are responsible to such teachers, when 



REVIEW QUESTIONS 357 

employed, for their salaries ? What is the penalty for wil- 
fully employing an unqualified teacher? 

What authorities may revoke a teacher's certificate? 
What certificates may the State Superintendent revoke? 
A school commissioner? Upon what grounds may the 
State Superintendent revoke a certificate ? For what one 
cause m.iy a commissioner revoke a certificate? What is 
the duty of a commissioner when charges against the 
moral character of a teacher have been presented to him ? 
To what rights is a teacher thus charged entitled at a hear- 
ing? Why cannot a commissioner revoke a certificate for 
deficiency in scholarship or for inability to govern or man- 
age a school ? Who is the only authority to revoke a certi- 
ficate upon these grounds ? Explain fully each of two 
ways of disposing of an inefficient teacher. 

Can a certificate be revoked for immoral conduct previous 
to the date of issuance of such certificate, and when such 
conduct was known to the official at the time he issued 
such certificate ? What must be the character of charges 
preferred against a teacher? Can a teacher be placed on 
trial for general charges of immoral conduct ? For what 
three causes does the consolidated school law provide 
teachers' certificates may be revoked ? For what causes 
have State Superintendents held certificates may be re- 
voked? What did Superintendent Draper hold in relation 
to revoking a teachers' certificate ? What effect does the 
revocation of a teacher's certificate have upon an existing 
contract ? 

Who may contract to teach? May a minor contract? 
Is a minor required to complete a term for which contract 
has been made ? Under what penalty ? Is a minor sub- 
ject to suit for damages for failing to complete a contract? 
May married women contract? 

By whom are teachers employed ? Can a district meet- 
ing direct what teachers shall be employed ? When may 
the trustees of a common-school district employ a relative ? 
Of a union free-school district? In either case may the 
same trustees or board employ such teachers the next en- 
suing year without second approval of district or board ? 
What is the shortest period for which a trustee may em- 
ploy a teacher? What is the limitation as to the period of 
time for which a teacher may contract? May a trustee 
employ a teacher for " as long as her work is satisfactory ? " 
May the trustees of a common-school district contract for 
a period beyond the current school year? For what period 



358 NEW YORK SCHOOL LAW 

beyond ? What remedy has a teacher emplo5'-ed contrary 
to the above provisions ? 

What contract should be given to each teacher? By 
whom should it be signed ? What essential facts should 
such contract contain? Is a verbal contract binding? 
Must a contract be made at a meeting of a board ? When 
is a contract made by one member of a board of two or 
more trustees binding? How often can teachers insist 
upon receiving their pay ? Is a contract providing that 
the salary of a teacher shall not be paid until at the end of 
the term legal ? If such contract is made, how often may a 
teacher insist upon being paid ? May a legal contract be 
made providing a teacher shall be paid oftener than 
monthly? 

Upon what officers may trustees issue orders in payment 
of teachers' salaries ? Why these officers ? May they issue 
orders for an amount greater than that held by such 
officers? What is the penalty for a violation of this pro- 
vision of law ? Under what conditions may teachers receive 
compensation for time during which school is closed ? 
Give illustrations coming within these provisions. What 
is the teacher's remedy in cases of this kind when trustees 
refuse to pay for such time ? 

What is the law regulating the dismissal of teachers? 
What reasons have been held to be sufficient? What 
should a teacher do when dismissed by a board of trustees 
in order to be entitled to his compensation for the full 
period of his contract? What would be the legal effect if 
a teacher should acquiesce in such dismissal ? When may 
a trustee dismiss a teacher without cause ? In these cases 
in what two ways may a teacher seek relief? Which is 
preferable ? What relief may be requested ? 

What record of attendance are teachers required to keep ? 
How must such record be kept ? Why is this an important 
record ? Who is responsible for the safe keeping of the 
register? To whom should the register be delivered after 
a term of school is closed ? What records must the teacher 
verify? Who may administer this oath? When must a 
teacher verify this record ? 

Who is the proper authoritv to prescribe rules for the 
government of a school ? When such rules have been 
adopted, what isthe duty of the teacher in relation thereto? 
May trustees enter a school room and direct the enforce- 
ment of such rules ? 

Does the law define the school hours ? What are the 



REVIEW QUESTIONS 359 

usual hours? May other hours be fixed? Who possesses 
the authority to fix these hours? If unreasonable hours 
are designated what is the relief? May a teacher close 
school for any period without the approval of the trustees ? 
What is the effect upon contract of closing school without 
such consent? Is this consent necessary to close school 
on a legal holiday or for attending an institute? 

Is a teacher required to do the janitor work ? A pupil? 
When may a teacher be required to do this work ? Why ? 
Is a teacher entitled to compensation for voluntarily per- 
forming this work ? In what two ways may a teacher 
bring an action in court to enforce payment of salary? 
Why are these methods objectionable? What other 
method may be pursued? Why is this preferable? 

Is there a provision of law regulating the garb which 
shall be worn by teachers? When and in what case was 
this question passed upon by Superintendent Draper? 
What was his decision in the matter? When did Superin- 
tendent Skinner pass upon the question? In what case? 
What was his decision ? What further action in this case 
did Superintendent Skinner take on May 15, 1897? Ex- 
plain the law in relation to pensioning retired teachers. 

When a teacher under contract is unable to teach by 
reason of illness what should she do ? Who may select a 
substitute teacher, if one is desired, during the illness of a 
teacher? Has the regular teacher any voice in the em- 
ployment of such substitute ? Under what conditions, in 
a case of this kind, may a trustee declare a teacher's con- 
tract void? What remedy has a teacher for unfair treat- 
ment in such cases? 

What is the general ruling in relation to the authority of 
a teacher over a pupil ? Define the limits of a teacher's 
authority- What extreme views have courts taken on this 
question? Arethese decisions safe guides for the present ? 
What is the modern view of courts and of judicial depart- 
ments upon this question ? What has been the uniform 
rulings of the State Superintendents? Explain the ruhng 
of Superintendent Draper in relation to the authority of a 
teacher over a pupil during the noon recess. The right of 
a teacher to detain pupils after the regular school hours, 
irlow IS the authority of a teacher restricted in this matter? 
What legal effect has the regulations of aboard of trustees 
upon the teacher's power? 

To what schools do the provisions of chapter 1031 of the 
Laws of 1895 relate? To what cities ? Does it relate in any 



360 NEW YORK SCHOOL LAW 

way to schools outside of cities ? What schools ? How 
does this law affect those who were employed at the time it 
went into operation ? When did it go into operation ? 
Name each of the three qualifications one of which must 
be possessed to be employed in a school under this law? 

By what authority has the subject of suspension of 
pupils been considered? What has changed rulings on 
this subject ? Who is the proper authority to suspend a 
pupil ? May a teacher dismiss a pupil ? For what period ? 
What should a teacher do in such case ? When may a 
teacher suspend a pupil ? What is the ruling of Superin- 
tendent Skinner on suspending pupils between 8 and 16 
years of age ? What is public opinion on the theory of the 
establishment of schools ? 

Who possesses the authority to expel a pupil ? How 
does the compulsory attendance act affect the expulsion of 
pupils? Why may a pupil having contagious disease be 
expelled? What other pupils may be expelled? How 
should they be proceeded against ? Discuss the right of a 
teacher to inflict corporal punishment. What is the duty 
of principals in relation to fire drills ? What is the penalty 
for violation of this law ? 



CHAPTER XXVI 

UNIVERSITY OF THE STATE OF NEW YORK 

[chapter 378 LAWS OF 1892, AS AMENDED TO I902] 

Origin. — In 1784 this institution was created 
by an act of the legislature under the corporate 
name, " Regents of the University of the State 
of New York." In 1889, the name was changed 
by the State Legislature to " University of the 
State of New York." Section 2 of article IX of 
the Revised State Constitution of 1894 continues 
the institution under the name given it by the 
legislative act of 1889. 

What the University is. — The university is 
a Department of the State government which has 
charge of secondary and higher education. Its 
officers are located in the State Capitol at Albany. 
Its work is supervisory and administrative. It 
is not an institution containing a faculty and 
imparting instruction to students in the sense in 
which the term university is generally used. It 
is, however, a federation of institutions of 
secondary and higher education which are incor- 
porated by the University. The University has 
also the power to confer degrees. 



362 NEW YORK SCHOOL LAW 

General Object. — The university law states 
that the object of the University is to encourage 
and promote higher education. 

Higher Education Defined. — Higher education 
means education in advance of common ele- 
mentary branches and includes the work of 
academies, high schools, colleges, universities, 
professional and technical schools, educational 
work in libraries, museums, university extension 
courses, etc. 

How Governed. — The University is governed 
by a Board of Regents consisting of 23 members. 
The Governor, Lieutenant-Governor, Secretary 
of State, and State Superintendent of Public 
Instruction are ex officio regents. The other 19 
regents are elected for life upon joint ballot of 
the State Legislature. These officers serve with- 
out pay. 

Officers. — The officers elected by the regents 
are a chancellor, vice-chancellor, secretary, and 
such other officers as the board deems necessary. 
The chancellor and vice-chancellor receive no 
salary. 

Chancellor and Vice-Chancellor. — The chan- 
cellor is the presiding officer of the convocation 
and of all meetings of the regents. He confers 
degrees authorized by the regents, and fixes the 



UNIVERSITY OF THE STATE OF NEW YORK 363 

time and place of all special meetings of the 
resfents. 

When the chancellor is unable to perform any 
or all of his duties, they are performed by the 
vice-chancellor. 

Secretary. — The secretary of the University 
is its chief executive officer. It is his duty to 
enforce the provisions of the University law and 
all regulations legally promulgated by the Board 
of Regents. He receives a salary of $6,000 per 
year, and serves until removed as provided by 
the University law. It requires the votes of ten 
of the elective members of the Board of Regents to 
remove the secretary. The secretary is required 
to give a bond of $10,000. He is charged with the 
safe keeping of the University seal and all books, 
records, and other property of the University. 

Convocation. — This is an annual meeting held 
in the Senate chamber at Albany for the discus- 
sion of educational questions. The first meeting 
was held in 1863. The meeting is held under the 
direction of the Board of Regents and is devoted 
largely to the consideration of questions pertain- 
ing to regents institutions. 

Charters Educational Institutions. — The Board 
of Regents has authority to incorporate any uni- 
versity, college, academy, library, museum, or 



364 NEW YORK SCHOOL LAW 

other institution or association for the promotion 
of science, literature, art, history, or other de- 
partment of knowledge under such terms as the 
law provides. 

The regents may also, in their discretion, issue 
provisional charters, they may change the name 
of institutions which have been chartered, and 
they may, for valid reasons, suspend or revoke 
any charter which has been granted. 

No institution of higher education can be in- 
corporated by the regents until such institution 
has been inspected by some officer of the Uni- 
versity and approved by the regents. The build- 
ings, furniture, and equipments must meet the 
regents' requirements. 

Degree-Conferring Institutions. — No indi- 
vidual, association, corporation, or institution 
can legally confer degrees in this State unless 
express provision granting this power is given 
by a charter granted either by the State Legisla- 
ture or by the regents. No institution or associa- 
tion can transact business under, or assume in 
any way, the name of university or college with- 
out permission from the regents. 

No institution can be authorized under the 
University law to confer degrees unless it has at 
least $500,000 resources. 



UNIVERSITY OF THE STATE OF NEW YORK 365 

Inspection. — All institutions incorporated 
under the University law are inspected annually 
by officers of the University employed for that 
purpose. These officers are chosen by the re- 
gents, and bear the official title of '* Inspectors." 
Crimes Under University Law. —Counterfeit- 
ing any credential issued under the seal of the 
University or making any unauthorized altera- 
tion in such credential is a felony. 

Any one personating another by attempting to 
take an examination in his name, or procuring a 
person thus falsely to personate another, or 
attempting in any way to obtain a record of hav- 
ing passed a regents' examination in violation of 
the University regulations, is guilty of a misde- 
meanor. A person who aids or abets another in 
such violation is likewise guilty of the same 
crime. Any person who fraudulently issues a 
regents' credential, or who falsely represents 
himself as having received a degree or credential, 
or who appends without proper authorization to 
his name the letters representing any degree 
conferred by the University, is also guilty of a 
misdemeanor. 

Principal Departments. — In June, 1898, the 
departments into which the work of the regents 
is divided were reorganized as follows : 



366 NEW YORK SCHOOL LAW 

1 Administrative Department. — This depart- 
ment includes charters, finances, legislation, 
printing and publication and all other work not 
assigned to any other department. 

2 College Department. — This department in- 
cludes universities, professional, technical and 
other special schools, and all matters pertaining 
to degrees or licenses. 

3 High-School Department. — This depart- 
ment includes academies, academic departments 
of union free schools under the supervision of 
the regents in accordance with the union free 
school act of 1853, and other interests of secondary 
education. 

4 Examination Department. — This depart- 
ment has charge of all examinations conducted 
by the regents. 

The propriety of holding examinations was 
first suggested in 1828. It was not, however, 
until June, 1864, that regulations were prescribed 
for holding examinations in preliminary subjects. 
The first examination was held in June, 1865, and 
included the subjects of arithmetic, geography, 
grammar, reading, writing, and spelling. In 
1878, examinations were established in 20 ad- 
vanced academic subjects. The number of sub- 
jects has gradually increased until it is now more 
than 100 



UNIVERSITY OF THE STATE OF NEW YORK 367 

{a) Law Examinations. — Examinations for ad- 
mission to the bar are conducted by a State board 
of examiners under the direction of the Court of 
Appeals. The University has nothing to do with 
these examinations. Law students, before enter- 
ing upon the study of law or within one year 
thereafter, must offer certain preliminary educa- 
tional qualifications prescribed by the Court of 
Appeals. The examinations by which these 
qualifications are determined are under the direc- 
tion of the University. It is also authorized to 
accept the completion of certain higher courses 
of study as a substitute for these examinations. 

{b) Medical Examinations. — A certain amount 
of general education is required of all persons 
beginning the study of medicine. The Uni- 
versity has supervision of the preliminary medi- 
cal-student examinations, and is also the sole 
authority to issue licenses for the practice of 
medicine in the State. The examinations for 
candidates who desire to practice medicine are 
under the direction of boards of medical ex- 
aminers appointed by the regents from candidates 
nominated by the different State medical socie- 
ties. The mernbers of these boards are leading 
physicians from various parts of the State. 
Since 1890 the authority to indorse diplomas or 



368 NEW YORK SCHOOL LAW 

licenses of physicians from other States or 
countries has been vested in the University. 
Previous to this date such authority was pos- 
sessed by each of the medical colleges of the 
State. 

{c) Other Professional Examinations. — The Uni- 
versity has charge also of the examinations for 
candidates who desire licenses to practice den- 
tistry and veterinary medicine in the State, and 
also to practice as a public expert accountant. 
All licenses of this kind are isstied by the Uni- 
versity. 

5 Home Education Department. — This de- 
partment includes all work heretofore done under 
the name of the extension department, which in- 
cludes all agencies for the promotion of educa- 
tional advantages for those unable to attend the 
usual teaching institutions. The means em- 
ployed in the extension of this work embrace 
summer schools, vacation schools, evening 
schools, correspondence schools, lecture courses^ 
study clubs, reading circles, etc. The Public 
Libraries Division has the supervision of the in- 
corporated public libraries of the State. It also 
has charge of the traveling libraries. 

6 State Library Department. — This depart- 
ment has charge of the general, law, medical, 



UNIVERSITY OF THE STATE OF NEW YORK 369 

and education libraries, library school, biblio- 
graphic publications, lending books to students, 
and similar library interests. 

7 State Museum Department. — This depart- 
ment has charge of all scientific specimens and 
collections, works of art, objects of historic inter- 
est, and similar property appropriate to a general 
museum, if owned by the State and not placed in 
other custody by a specific law, also the research 
department carried on by the State geologist and 
the State paleontologist, the State botanist, the 
State entomologist, and all similar scientific in- 
terests of the University. 

University Credentials of High School Grade. 
— Two series of credentials are issued by the 
University, (i) the academic, issued on regents' 
examinations only, and (2) the equivalent, issued 
for work completed in registered secondary 
schools supplemented, if necessary, by regents' 

examinations. 

The credentials are the count certificates, the 
preliminary professional certificates, and the 
diplomas. The preliminary certificate is the pre- 
requisite to the count certificates and the diplo- 
mas; eight years of preacademic preparation or 
its equivalent is the prerequisite to the prehmi- 
nary professional and all equivalent certificates. 
18 



370 NEW YORK SCHOOL LAW 

The count certificates are the 12, 24, 36, 48 and 
higher ; the preliminary professional are the law- 
student, medical student, dental student, veterin- 
ary student and the business ; the diplomas are 
the 48 count, the advanced (60, 72, 84, etc.) and 
the classical academic. 

Preliminary Certificates. — A preliminary certifi- 
cate is issued to any person obtaining a standing 
of at least seventy-five per cent, in writing, read- 
ing, spelling, elementary English, arithmetic, 
and geography. 

Academic Certificates, — A first-year certificate 
is issued for twelve counts in addition to the pre- 
liminary subjects. In the subjects on which 
these twelve counts are made, must be first-year 
English, or English composition and two other 
English counts, or first-year work in any foreign 
language. 

The term count represents ten weeks' work on 
one subject. A subject credited with/<??^r counts, 
therefore, represents forty weeks' work. 

Second-year certificates, third-year certificates, 
and fourth-year certificates are issued when can- 
didates have earned twenty-four counts, thirty- 
six counts and forty-eight counts, respectively, 
in addition to the preliminary subjects, and when 
one-sixth of such counts are in English.* Each 

* Any foreign language may be substituted for English, but the papers of 
all students who claim this privilege will be revised carefully for English. 



UNIVERSITY OF THE STATE OF NEW YORK 371 

certificate shows on its face the work which a 
pupil has accomplished to receive such certficate. 

Acadejnic Diplomas. — A candidate who has 
earned a preliminary certificate and in addition 
thereto forty-eight counts ; eight of such counts 
being in English and six counts each in mathe- 
matics, in science (physical, geologic, biologic), 
in history and social science, is entitled to receive 
an academe -diploma. 

Medical-Student , Dental-Student, and Veterinary- 
Student Certificates, — Candidates desiring these 
certificates must secure at least forty-eight, 
thirty-sx, or twenty-four academic counts, re- 
spectively. Candidates are permitted to select 
the subjects on which they desire to earn these 
counts. 

Law-Student Certificates. — To receive a law- 
student certificate, candidates are required to 
pass in advanced English, English composition, 
first-year Latin, arithmetic, algebra, geometry, 
English history, United States history, civics, 
economics, or to obtain thirty-six academic 
counts. 

Grants. — Each registered undenominational 
school of academic grade receives annually from 
the academic fund a quota of $100. The Uni- 
versity also pays one-half the cost of approved 



372 NEW YORK SCHOOL LAW 

books and apparatus purchased by such schools, 
but does not allow more than $250 a year under 
this head to any one school. 

Each registered school of academic grade that 
submits to examinaton and inspection receives 
also a grant for each day's attendance of each 
academic student. 

This money is paid to the school authorities of 
the city or district in which the school is located, 
and must be used by such authorities for the 
benefit of the academic department of such insti- 
tution. 

Literature Fund. — The first act creating this 
fund was passed in 1786. This act provided that 
unappropriated lands of the State should be sold 
by the Commissioners of the Land Office, and 
the funds used for the promotion of literature in 
the State. The revenue derived from the sale 
of lands under several subsequent acts was added 
to this fund. Revenue derived from arrears of 
quit rents in 18 19, from the sale of land belong- 
ing to the canal fund in 1827, and from the 
United States Deposit Fund in 1836, was also 
added to this fund. 

The income derived from this fund and from 
an annual appropriation by the State, is appor- 
tioned among the academies and other institu- 



REVIEW QUESTIONS 373 

tions performing academic work under the 
supervision of the regents. 

REVIEV^ QUESTIONS 

In what year was this institution created? How? Under 
what corporate name ? What change was made in the 
name in 1889? What important action was taken in relation 
to it in 1894? What is this institution ? Where is it located? 
How many institutions does it embrace? Has it the power 
to confer degrees? What is its object? Define higher 
education. What body governs the University ? Of how 
many members .does it consist? Who are ex-officz'o mem- 
bers ? How are the other members chosen ? For how 
long? What is their compensation? What officers are 
chosen by the regents ? What are.the duties of the chancel- 
lor? Vice-chancellor? Secretary? Which of these offi- 
cers is paid a salary? What amount? How may the 
secretary bd removed ? What bond is he required to give ? 

What is the convocation ? When was the first meeting 
held ? How is this meeting ranked in educational councils ? 
What educational institutions are chartered by the Uni- 
versity ? What is the authority of the University in rela- 
tion to institutions which have been chartered? What 
steps are necessary before an institution may be chartered? 
What institutions may confer degrees? What prohibition 
is made by law in relation to institutions using the name 
college or university? Before an institution can be author- 
ized under the University law to confer degrees what must 
its resources be ? 

What institutions are inspected by the University? How 
often? What act under the University law is a felony? 
What acts are misdemeanors? 

Into what principal departments is the University 
divided ? What is the work of the administrative depart- 
ment? The examination department? When was the 
propriety of holding examinations first suggested? In 
what year were examinations first held ? In what subjects ? 
What extension of the work was made in 1878 ? How 
many subjects are now included in the examination work ? 

What examination of law students is under the super- 
vision of the University? Of medical students? By whom 
are Ijcenses for the practice of medicine issued ? Under 
whose direction are the examinations for candidates who 



374 NEW YORK SCHOOL LAW 

desire to practice medicine ? By whom is tliis board chosen ? 
From whom ? Since what date has the University issued 
licenses to practice medicine in the State ? By whom were 
these licenses issued previous to that time ? Name two 
other professional examinations under the supervision of 
the University? 

What is the object of the extension departments? What 
agencies does this work embrace ? What does the work 
of the State library embrace? The State museum ? 

Name the credentials issued by the University. What 
is a pass card ? What is meant by the term count? What 
is a preliminary certificate? A first-year certificate? 
Second-year certificate ? Thjrd year certificate ? Fourth- 
year certificate ? An academic diploma ? What must can- 
didates do to obtain a medical-student, dental-student, or 
veterinary-student certificate ? A law-student certificate ? 

What amount is apportioned a school for maintaining an 
academic department ? What amount may a school receive 
for books and apparatus? What further apportionment 
is made such schools ? For what purpose must the money 
received from these sources be used ? 

When was the literature fund created? How was it cre- 
ated? What revenue was added to this fund in 1819? In 
1827? In 1836? What. is done with the revenue derived 
from this fund? 



CHAPTER XXVII 

APPEALS TO THE STATE SUPERINTENDENT 

OF PUBLIC INSTRUCTION 

[title 14] 

Who May Appeal. — Any person considering 
himself aggrieved under the provisions of this 
title of the Consolidated School Law may bring 
an appeal to the State Superintendent of Public 
Instruction for judicial determination. 

Action Appealable. — Any action of a school 
district meeting, of a trustee of any school dis- 
trict, of a supervisor in relation to school moneys, 
of a school commissioner or other ofi&cer relating 
to the boundaries of school districts, or an appor- 
tionment of school moneys, or the action of any of 
the foregoing concerning any other matter under 
the Consolidated School Law, or pertaining in any 
way to the common-school system, may be re- 
viewed by the State Superintendent on appeal 
to him in due form. 

Judicial Authority. — The State Superintend- 
ent is a judicial as well as an executive offi- 
cer. The administration of the school system 
through local officers and the action of school 



376 NEW YORK SCHOOL LAW 

district meetings give rise to numerous ques- 
tions which must be settled by some judicial 
authority. It is important that these numerous 
questions shall be settled at an early date and 
with the least expense possible. To meet this 
situation, the State legislature has conferred 
upon the State Superintendent of Public Instruc- 
tion the power to hear and determine questions 
of this kind in the same manner that they are 
heard and determined by courts. Several hun- 
dred appeals are decided by the State Superin- 
tendent each year, and since vesting this power 
in the State Superintendent over 5,000 appeals 
have been decided by him. 

Powers of Superintendent. — Under this title 
of the school law the State Superintendent is 
given power to regulate the practice under which 
appeals shall be brought under his jurisdiction. 
He may render a decision on the law and the 
facts submitted and make any order necessary to 
give force and effect to his decision. 

State Superintendent's Decision Not Review- 
able. — The decision of the State Superintend- 
ent of Public Instruction on an appeal brought 
before him by an aggrieved party from any de- 
cision made by a school district meeting, by any 
school district officer, by a supervisor in relation 



APPEALS 377 

to payment of school moneys, or an appeal 
brought before him by any other official act or 
decision pertaining to the school system of the 
State, is final and conclusive and cannot be re- 
viewed by any court. 

Decision of the State Superintendent Review- 
^\^\q, — An original application to the State 
Superintendent to act in a case where no action 
has been taken before, is not in any sense an ap- 
peal to the State Superintendent from any decision 
of an officer or body. It is a direct application to 
the Superintendent to exercise a power which 
is original and not appellate. An application, 
therefore, to the State Superintendent to remove 
a trustee of a school district is not an appeal in the 
sense in which this term is used in the Consoli- 
dated School Law. The action of the State Su- 
perintendent in a case of this kind is reviewable 
by the courts. (159 N. Y. 162.) 

Rules of Practice. — The State Superintend- 
ent of Public Instruction has prescribed the fol- 
lowing rules to govern the practice of appeals : 

I. An appeal must be in writing, addressed 
" To the Superintendent of Public Instruction," 
stating the grounds upon which it is taken, and 
signed by the appellant or appellants. The ap- 
peal must be verified by the oath of the appel- 



378 NEW YORK SCHOOL LAW 

lant or appellants. When the appeal is made by 
the trustees of a district, it must be signed by all 
the trustees, or a reason must be given for the 
omission of any, verified by the oath of the ap- 
pellant, or of some person acquainted with such 
reason. 

2. A copy of the appeal, and of all the state- 
ments, maps and papers intended to be pre- 
sented in support of it, with the affidavit in veri- 
fication of the same, must be served on the offi- 
cer or officers whose act or decision is complained 
of, or some of them ; or if it be from the decision 
or proceeding of a district meeting, upon the dis- 
trict clerk or one of the trustees, whose duty it 
is to cause information of such appeal to be 
given to the inhabitants who voted for the 
decision. 

3. Such service must be made by delivering a 
copy of the appeal to the party to be served per- 
sonally, or, in case he cannot be found in the 
commissioner district in which he resides, after 
due diligence, by delivering and leaving the 
same at his residence, with some person of suit- 
able age and discretion, between six o'clock in 
the morning and nine o'clock in the evening. 

4. Immediately after the service of such copy, 
the original, together with an affidavit proving 



APPEALS 379 

the service of a copy thereof and stating the 
time and manner of the service and the name 
and ofScial character of the person upon whom 
such service was made, must be transmitted to 
the Department of Pablic Instruction at Albany. 

5. Such original appeal and all papers, etc., 
annexed thereto, with proof of service of copies, 
as required by rules 3 and 4, must be sent to 
the Department of Public Instruction within 
thirty days after the making of the decision or 
the performance of the act complained of or 
within that time after the knowledgie of the cause 
of complaint came to the appellant, or some sat- 
isfactory excuse must be rendered in the appeal 
for the delay. If an answer is received to an 
appeal which has not been transmitted to the 
Department, such appeal will be dismissed. 

6. The party upon whom an appeal shall be 
served must, within ten days from the time of 
such service, unless further time be given by 
the State Superintendent, on application, answer 
the same, either by concurring in a statement of 
facts with the appellant or by a separate answer, 
and of all affidavits, papers, maps, etc., in sup- 
port thereof. Such statement and answer must 
be signed by all the trustees or other officers 
whose act, omission or decision is appealed from, 



380 NEW YORK SCHOOL LAW 

or a good reason, on oath, must be given for the 
omission of the signature of any of them. Such 
answer must be verified by oath and a copy 
thereof and of all the statements, maps, papers, 
etc., intended to be presented in support thereof, 
served on the appellants or some one of them, in 
like manner as is provided in rule 3 for the serv- 
ice of a copv of an appeal. 

7. Immediately after the service of a copy of 
such answer and the statements, papers, etc., 
presented in support thereof, the original answer 
and papers, etc. , together with an affidavit of the 
service of such copy and stating the time and 
manner of the service and the name and official 
character of the person upon whom such service 
was made, as hereinbefore provided for the serv- 
ice of a copy of an appeal, must be transmitted 
to the Department of Public Instruction, at 
Albany. 

8. No reply, replication or rejoinder shall be 
allowed, except by permission of the State Su- 
perintendent of Public Instruction ; in which case 
such reply, replication and rejoinder must be 
duly verified by oath, and copies thereof served 
on the opposite party. Immediately after the 
service of such copy, the original, together with 
an affidavit of such service, and stating the time 



APPEALS 381 

and manner of the service and the name and offi- 
cial character of the person upon whom such 
service was made, must be transmitted to the 
Department of Public Instruction, at Albany. 

9. So far as the parties concur in a statement, 
no oath will be required to it. But all facts, 
maps or papers, not agreed upon by them and 
evidenced by their signature on both sides, must 
be verified by oath. 

10. When any proceeding of a district meet- 
ing is appealed from, and when the inhabitants 
of a district generally are interested in the mat- 
ter of the appeal and in all cases where an inhab- 
itant might be an appellant had the decision or 
proceeding been the opposite of that which was 
made or had, any one or more of such inhabit- 
ants may answer the appeal, with or without the 
trustees. 

1 1. When the appeal has relation to the altera- 
tion or formation of a school district, it must be 
accompanied by a map, exhibiting the site of 
the school-house, the roads, the old and new 
lines of districts, the different lots, the particu- 
lar location, and distance from the school-houses 
of the persons aggrieved, and their relative dis- 
tance, if there are two of more school houses in 
question ; also, a list of all the taxable inhabit- 



382 NEW YORK SCHOOL LAW 

ants in the district or territory to be affected by 
the question, showing in separate columns the 
valuation of their property, taken from the last 
assessment-roll, and the number of children be- 
tween five and twenty-one belonging to each 
person, distinguishing the districts to which they 
respectively belong. 

12. An appeal, of itself, does not stay the pro- 
ceedings. If the party desires such stay he 
should apply for it by petition, stating the facts 
why such stay should be made, duly verified. 
The Superintendent will grant a stay, or not, as 
in his judgment it may be proper, or may sub- 
serve the interests of either party or the public ; 
and may direct a copy of the petition to be served 
on the opposite party, and a hearing of both 
sides before deciding upon the application. 

13. The affidavit of verification, required by 
these rules to an appeal, answer, reply, replica- 
tion and rejoinder, must be to the effect that the 
same is true to the knowledge of the affiant, ex- 
cept as to the matters therein stated to be alleged 
on information and belief, and that as to those 
matters he believes it to be true. 

14. All oaths required by these rules maybe 
taken before any person authorized to take affi- 
davits. 



APPEALS 383 

15. All appeals and other papers therein must 
be fairly and legibly written; and if not so writ- 
ten, may, in the discretion of the Superintend- 
ent, be returned to the parties. 

16. When any party, appellant or respondent, 
is not represented on the appeal by any attorney, 
the name of such party, with the names of the 
district, town and county and his post-office ad- 
dress must be indorsed upon each paper of the 
party so represented, filed in the Department on 
such appeal ; and when represented by an attor- 
ney, the name of such attorney, with name of 
the district, town and county affected and his 
post-office address, must be so indorsed upon 
each paper of the party so represented, filed in 
the Department on such appeal. 

17. Submission of appeals may be made upon 
the papers filed therein, with or without oral 
argument, or the filing of briefs, as .the Superin- 
tendent, upon application, may determine. 

18. The decision of the Superintendent in 
every case will contain the order, or directions, 
necessary and proper for giving effect to his 
decisions. 

19. A decision upon an appeal will be for- 
warded by the Superintendent to the clerk of 
the school district in which the appeal arose, or 



384 NEW YORK SCHOOL LAW 

the town clerk of the town, when the appeal re- 
lates to the alteration of a district in which the 
order appealed from is filed, whose duty it will 
be to file the same in his office as a public record. 



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JUL 15 1902 



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